High Court Madhya Pradesh High Court

Smt.Sunita Patel vs Secretary The State Of Madhya … on 12 May, 2010

Madhya Pradesh High Court
Smt.Sunita Patel vs Secretary The State Of Madhya … on 12 May, 2010
                    W.A. No. 368/2010

12.5.2010.

      Shri Anoop Saxena, learned counsel for appellant.

      Heard.

      In the writ appeal the legality of the Order dated

21.4.2010 passed in WP No.12951/2008 has been assailed

by which the learned Single Judge has vacated the interim

stay which was earlier granted.

      The learned Single Judge has vacated the stay on the

ground that petitioner's husband raised the controversy

and not the petitioner.    Prima facie the objection with

regard to appointment of respondent no.7 could not be said

to be sustainable. The name of respondent no.7 was

mentioned in the electoral list which fact was mentioned in

the order impugned in the writ petition. Prima facie learned

Single Judge has found the order of Commissioner to be

proper as such vacated the order of stay. Dis-satisfied

thereby the writ appeal has been preferred.

Having heard learned counsel appearing for the

appellant, in our opinion, as learned Single Judge has

assigned the reasons which prima facie appear to be

proper, order being interlocutory one does not suffer with
any such illegality so as to warrant interference in writ

appeal.

Prayer has also been made by the appellant’s counsel

that petition itself may be directed to be decided at an early

date.

Considering the aforesaid submission, we request the

Single Bench to decide the writ petition as early as possible.

No case is made out so as to grant status quo. No case for

interference in writ appeal is made out. Appeal is

dismissed.

      (Arun Mishra)                (S.C.Sinho)
         Judge.                      Judge.



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