Full Judgment
W.P.No.20449/2012 (Pratipal Singh versus State of MP and otheRs.07.12.2012 Heard Shri Praveen Chourasiya, learned counsel for the petitioner on the question of admission and interim relief.
The petitioner has filed this petition alleging that though the petitioner has been elected as the President of the Water Shed Committee, Sorkhi Tahsil Ghuvara District Chhatarpur by majority of 12 out of 14 votes, the authorities concerned i.e the respondents No.2 and 3 are not issuing the appropriate orders declaring him elected not are they giving him the charge and on the contrary, they have requested the authority to conduct fresh election on 07.12.2012 and the matter has been referred to the Collector, Chhatarpur.
Looking to the aforesaid facts and circumstances, as the matter requires to be adjudicated by the competent authority on the basis of several disputed questions of fact which can not be gone into by this court under Article 226 of the Constitution of India, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the Collector, Chhatarpur by filing an application/ representation bringing to his notice all facts and also assailing the subsequent proceedings of 07.12.2012, if so required, along with a copy of the order passed today and a copy of the petition and in case he does so, the Collector, Chhatarpur shall look into the matter and take a decision thereon in accordance with law after hearing all concerned.
It is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the representation by passing a reasoned order.
With the aforesaid liberty, the petition filed by the petitioner stands disposed of.
C.C as per rules.
( R.S.JHA ) JUDGE msp