RAJA RAM YADAV Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is a petition under article 226 of the Constitution of India quashing the order dated 17.8.1998 (Annexure P -4) of the respondent no. 6, the Returning Officer, by which respondent no. 7 Choubelal Patel has been declared as Sarpanch of the Gram Panchayat, Karhaiya, District Panna and for a direction to hold fresh election.

(2.) A preliminary objection has been raised on behalf of the respondents that this petition is not maintainable in view of the specific bar created by Article 243 -0(B) of the Constitution of India. It provides that no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by Legislature of a State. Similar provision has been made in Article 121 of the M.P. Panchayat Raj Adhiniyam, 1993. Section 122 of this Adhiniyam provides that an election under this Act shall be called in question only by an election petition. This statutory provision is a sequel to the Constitutional requirement. The election petition in case of Gram Panchayat lies to the Sub -Divisional Officer. The petitioner has not availed of the remedy of saved the election petition. In Khumano Bai Vs. State of M.P. 1995 M.P.L.J. 67 after a detailed discussion it has been held by this Court that a writ petition challenging the election of the Gram Panchayat is not maintainable. The election can be challenged by presenting an election petition only. There is similar provision under article 243 -ZG for challenging the election to the Municipalities. The Supreme Court has held in Anugrah Narain Vs. State of U.P. 1997 (1) M.P.L.J. 45 that no election to a municipality can be questioned except by an election petition.

(3.) THE preliminary objection is allowed. It is held that the present petition is not maintainable. The appropriate remedy was the election petition. The present petition is dismissed. The interim stay order dated 29.10.1998 is vacated.