Election Petition Decided Without Framing Issues Violates Principles Of Natural Justice: Madhya Pradesh High Court

Justice Subodh Abhyankar observed,

“...on perusal of the impugned order it is apparent that the issues have not been framed. In such circumstances, it cannot be said that the election petition has been decided in accordance with law, as it clearly violates the principles of natural justice as the framing of issue is also an important aspect of the case, on the basis of which only the evidence is led by the parties and appreciated by the Trial Court,” Justice Abhyankar added.

The above ruling came in a petition filed against the order passed by the Sub-Divisional Officer whereby, the election petition filed by the petitioner under Section 122 of The Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 against the election of Respondent no.3, on the post of Sarpanch of Gram Panchayat Khokhar Khandan, Jhabua, was rejected.

The petitioner contended that the election petition had been decided without the framing of any issues, contravening the provisions of the M.P. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995.

“In such circumstances, the impugned order cannot be sustained in the eyes of law, and is hereby set aside. The matter is remanded back to the Election Tribunal to proceed further in accordance with law, after framing issues,” the court said while disposing of the petition.

Counsel/s For The Petitioner : Shri Jayesh Gurnani, Advocate

Counsel/s For The Respondent : Shri Vaibhav Bhagwat, G.A

Case Title: Ramesh Bhabor Vs The State Of Madhya Pradesh And Others

Case No.: Writ Petition No. 13777 Of 2023

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