JABALPUR, India, June 8 -- Madhya Pradesh High Court issued the following judgment/order on May 8:
1. The instant petition has been filed seeking the following reliefs:-
"1) To issue a writ of certiorari to set-aside the order impugned date 28.03.2025 passed by the respondent no.2.
2) To issue a writ of mandamus directing the respondent no.1 to take action over the complaint filed by the petitioner dated 19.03.2025 and pass a appropriate order taking action against the private respondent no.5 in a timebound manner.
3) To issue a writ of mandamus to direct the respondent authorities to scrutinize the election process of the respondent no. 5.
4) Any other suitable relief dcemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of this Petition."
2. Learned counsel appearing on behalf of the petitioner submits that on the complaint dated 19.03.2025 Annexure P-5, the Election Commissioner had passed the Order however, he has not considered the allegations made in the said complaint.
3. On perusal of the impugned Order, we are satisfied with the submission of learned counsel for the petitioner, though opposed by learned counsel for the respondent on the ground that there may be some proceedings pending before the Commission and seeks time to verify whether some proceedings are pending.
4. We hereby dispose off the present petition by setting aside the Order dated 28.03.2025 and issue directions to the Election Commission to pass a fresh Order on the complaint filed by the petitioner against the respondent by giving an opportunity of hearing to both the parties.
5. It is made clear that if any proceedings are pending against the respondent No.5, then the Election Commission may ignore the Order passed by this Court and decide in accordance with law as per procedure.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Disclaimer: Curated by HT Syndication.
