Madhya Pradesh HC sets aside Ujjain Janpad Panchayat President Election, orders fresh polls [Read Order]

Indore: The Madhya Pradesh High Court’s Indore Bench has delivered a significant judgment, setting aside the election of the Janpad Panchayat Ujjain’s President and emphasizing the importance of democratic processes in local body elections.

Justices Vivek Rusia and Gajendra Singh made crucial observations on electoral fairness and the right to vote in local body elections.

MP High Court Declares Ujjain Panchayat Election Invalid: Fresh Polls Mandated

The court addressed the writ appeal filed by Bhanwarbai and others challenging the dismissal of their writ petition. The court noted:
“Out of 25 members, 13 were not permitted to cast a vote or did not cast a vote, and all these 13 filed the writ petition and now the writ appeal against the election of respondent No.5.”

Addressing specific concerns about the election process, the court observed:
“The writ petitioners allege that they were not permitted either to enter the place of voting or to cast their votes. There were 13 in number, in which appellant No.10 submitted a nomination form for contesting the election for the post of President.”

Election Irregularities in Ujjain: High Court Orders Re-election for Panchayat President

The court highlighted the undemocratic nature of the election, stating:
“Respondent No.5, who was declared elected in an undemocratic manner, is continuing in the post and has no authority to continue in the said post. Respondent No.5 cannot be declared elected when the opposite candidate is not permitted to cast a vote.”

In its specific directive, the court instructed:
“The election of respondent No.5, Vindhya Kunwar W/o Devendra Singh, to the post of Janpad Panchayat Ujjain is set aside. Let a fresh election of the President be held.”

The court emphasized that the Presiding Officer should have exercised powers under Rule 21 of the M.P. Up-Sarpanch (President and Vice President) Nirvachan Niyam, 1995, to adjourn the election when faced with such irregularities.

The judgment noted that waiting for an election petition to be resolved would allow the incumbent to complete their 5-year tenure, making the legal challenge ineffective.

Case Title: Bhanwarbai and Others vs. Madhya Pradesh State Election Commission and Others
 

[Read Order]