Abir Singh Vs. the State of Madhya Pradesh

Abir Singh vs The State of Madhya Pradesh

Type Court Judgment Court Madhya Pradesh Decided Feb 05, 2013

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https://sooperkanoon.com/case/1051000

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Citation: sooperkanoon.com/1051000
Court: Madhya Pradesh High Court
Decided On: Feb 05, 2013
Subject: MRTP

Case Summary

AI-generated summary - not the official court judgment text.

MRTP

Key legal issue: MRTP

Parties & Advocates

Appellant / Petitioner

Abir Singh

Respondent

The State of Madhya Pradesh

Excerpt

writ petition no :876. / 2013 abir singh versus state of mp and others 05.02.2013. shri shreyas pandit for the petitioner. shri sidharth gulati appears for respondent no.5. having heard learned counsel for the parties, it is seen that alleging corrupt practice in the elections held to the mandi committee held for ward no.8, maharajganj, badamalhara, district chhatarpur, this writ petition has been filed. the averments made in the writ petition are with regard to grave irregularities in the election in question and use of unfair practice and corruption in the election. if that be so, the statute itself contemplates filing an election petition and as petitioner has statutory remedy of filing an election petition, a petition directly before this court without filing an election petition is not proper. accordingly, granting liberty to the petitioner to avail the remedy of filing an election petition, this petition is disposed of. if the petitioner wants to seek any interim relief, he may move an appropriate application before the election tribunal and it is for the tribunal to consider the same in accordance with law. with the aforesaid, the petition stands disposed of. certified copy as per rules. (rajendra menon) judge aks/-

Full Judgment

Writ Petition No :

876. / 2013 Abir Singh versus State of MP and others 05.02.2013.

Shri Shreyas Pandit for the petitioner.

Shri Sidharth Gulati appears for respondent No.5.

Having heard learned counsel for the parties, it is seen that alleging corrupt practice in the elections held to the Mandi Committee held for Ward No.8, Maharajganj, Badamalhara, District Chhatarpur, this writ petition has been filed.

The averments made in the writ petition are with regard to grave irregularities in the election in question and use of unfair practice and corruption in the election.

If that be so, the statute itself contemplates filing an election petition and as petitioner has statutory remedy of filing an election petition, a petition directly before this Court without filing an election petition is not proper.

Accordingly, granting liberty to the petitioner to avail the remedy of filing an election petition, this petition is disposed of.

If the petitioner wants to seek any interim relief, he may move an appropriate application before the Election Tribunal and it is for the Tribunal to consider the same in accordance with law.

With the aforesaid, the petition stands disposed of.

Certified copy as per rules.

(RAJENDRA MENON) JUDGE Aks/-

Same Court & Year Madhya Pradesh · 2013 Same Parties Abir Singh vs The State of Madhya Pradesh Same Subject MRTP