W.P.No. 15769/2010
(Yagyesh Vajpai v. State of MP & three others.)
08-11-2010
Heard Shri A.P.Singh, learned counsel for the petitioner on the
question of admission.
The petitioner has filed this petition being aggrieved by the fact
that the Collector has entertained a revision against an interlocutory
order passed by the Election Tribunal under the provisions of Section
122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993
and M.P. Panchayats (Election Petitions, Corrupt Practices and
Disqualification for Membership), Rules 1995.
It is submitted by the learned counsel for the petitioner that the
aforesaid act of entertaining a revision against the interlocutory order is
patently without jurisdiction as the Collector has no authority to entertain
the same specifically in view of the decisions rendered by this Court in
the cases of Satya Narayan v. Additional Commissioner, Ujjain,
2008 (1) MPLJ 505, Hukumchand v. dheer Ji and others, 2001(1) JLJ
229 and Amar Singh v. State of M.P. and others, 1999 (2) MPLJ 337.
It is submitted that on the previous occasion the respondent No. 4 had
approached this Court by filing W.P.No. 6503/2010 but this Court had
disposed of the petition with a direction to the respondent No.4 to raise
all objections before the Election Tribunal which was directed to decide
the same and in such circumstances, the respondent No. 4 has filed the
impugned revision by suppressing the aforesaid facts which is contrary
to law. It is further submitted that the Collector by entertaining the said
revision has fixed the next date of hearing as 6-12-2010.
In view of the aforesaid facts and circumstances, as the petitioner
has yet to raise objections before the Collector and the Collector has
yet to apply its mind to the objections of the petitioner, the petition filed
by the petitioner is disposed of with liberty to the petitioner to file
objections before the Collector, Rewa in the pending revision filed by the
respondent No. 4 within a period of one week from today. In case the
petitioner does so, the respondent No.2/Collector, Rewa, after giving
notice to the respondent No. 4, shall take up further proceedings for
hearing on the objections filed by the petitioner without being bound or
being restraint by the fact that he has fixed the case for 6-12-2010 and
he shall be at liberty to take up hearing on the objections even prior to
that date after giving notice to the respondent No. 4. To enable the
respondent No. 2/Collector, Rewa to do so, a copy of the order passed
by this Court today along with a copy of the petition be furnished by the
petitioner before the said authority.
With the aforesaid liberty/directions the petition filed by the
petitioner stands disposed of accordingly.
C.C. as per rules.
(R.S.Jha)
Judge
mct