Krishna Dharmendra Soni v. Madhya Pradesh State Election Commission
2014-07-28
R.S.JHA
body2014
DigiLaw.ai
JUDGMENT 1. Heard Shri Naman Nagrath, learned senior counsel with Shri Atul Nema, Advocate for the petitioner, Shri S. Seth, learned counsel for the respondent no. 1 and Shri Sudesh Verma, learned Government Advocate for the respondent/State. 2. The petitioner has filed this petition being aggrieved by the order dated 10.6.2014 whereby the petitioner has been declared disqualified by the election commission. 3. The learned counsel appearing for the election commission points out that in view of provisions of Section 32-D of the M.P. Municipalities Act 1961, the petitioner is required to approach the Election Commission for removal or reduction of the period of disqualification, but the petitioner has not done so and has directly approached this Court which is not permissible. 4. In view of the aforesaid, as the matter is required to be decided by the Election Commission after going through the record as disputed question of law and fact are involved and as the statue itself provides a alternative efficacious statutory remedy to the petitioner and as no sufficient cause or reason has been shown to by-pass the statutory remedy available to the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner files an application under Section 32-D of the Municipalities Act 1961 within a week from today alongwith a certified copy of the order passed today, the election commission shall thereafter proceed further to decide the matter on merits within six weeks thereafter after following the procedure prescribed by law and for a period of seven weeks or till the date of order passed by the Election Commission, whichever is earlier, operation of the interim order dated 10.7.2014 granted by this Court shall continue to remain in operation. 5. With the aforesaid direction, the petition filed by the petitioner stands disposed of. C.C. as per rules.