Full Judgment
W.P.No.20659/2012 (R.K.Jaiswal versus State of M.P.& ors.) 12.12.2012 Shri P.C.Chandak, learned counsel for the petitioner.
Shri P.K.Kaurav, learned Dy.
Advocate for the respondent/State.
Heard on the question of admission and interim relief.
The petitioner has filed this petition being aggrieved by the rejection of petitioner's objection against acceptance of nomination paper of respondent No.5 for contesting the election on the post of member of the Krishi Upaj Mandi Samiti, Pipariya, District Hoshangabd.
It is submitted by the learned counsel for the petitioner that the against the rejection of the petitioner's objection, the petitioner has again filed a representation before the election officer, Hoshangabad, which has not been decided till date and in such circumstances, the respondent election officer be directed to decide the objection against the acceptance of nomination paper of respondent No.5.
It is pointed out by the learned Dy A.G.appearing for the State/respondents that the elections have already been notified on 19-11-2012 and, therefore, no cause for interference in the election process under Article 226 of the Constitution W.P.No.20659/2012 (R.K.Jaiswal versus State of M.P.& ors.) of India is made out as has been held by a Division Bench of this Court in a decision rendered in W.P.No.5371/2012, decided on 9-4-2012 wherein it has been held that the High Court should not interfere in an election process which has already been initiated, under Article, 226 of the Constitution of India.
Similar petitions, W.P.No.20038/12, W.P.No.19990/12, W.P.No.19967/12, W.P.No.20075/12, W.P.No.20166/12, W.P.No.20141/12, W.P.No.20326/12, W.P.No.20324/12 and W.P.No.20440/12 have also been dismissed by this court.
In view of the aforesaid decision of the Division Bench of this Court, with which I am respectfully bound, I find no reason to entertain the present petition which is accordingly disposed of with liberty to the petitioner to take up all issues before the competent forum as and when occasion arises.
With the aforesaid liberty, the petition filed by the petitioner stands disposed of.
C.C.as per rules.
(R.S.Jha) Judge gn