Lilesh vs State Of Madhya Pradesh

Sushrut Arvind Dharmadhikari, J

In this petition under Article 226 of Constitution of India, the petitioner seeks a direction to the respondents to permit the petitioner to attend the Swearing Ceremony and caste his vote for the election of the President/Vice President, Municipal Council Hatod, Distist Indore which is scheduled to be Theld on 10-08-2022 between 12:30 PM to 01:00 PM.

Learned counsel for the petitioner submits that the petitioner has been externed for a period of six months by the District Magistrate, Indore. The petitioner is a duly elected Corporator of the Council of Hatod Ward No.3 and, therefore, as per Section 12 of the Madhya Pradesh Suraksha Adhiniyam, 1990 he may be granted temporary permission to enter for the purpose of casting vote. He further submits that the externment order has been duly complied and never committed any violation of the same. If the petitioner is not permitted to caste his vote the entire purpose of contesting the Election would be spoiled.

Learned counsel for the petitioner further submitted that he had applied under Section 12 of the Act to the District Magistrate on 01-08-2022, but till date no decision has been taken only with the purpose to frustrate the cause of the petitioner. Thus, under these circumstances directions may be issued to the respondent No.1 to permit the petitioner to participate in the voting which is scheduled on 10-08-2022 between 12:30 PM to 01:00 PM.

On the other hand learned Government Advocate has opposed the prayer and submitted that the petitioner has not challenged the order of Externment in this Writ Petition nor he has filed any appeal under the Act, therefore, no relief can be granted at this stage.

Taking into consideration the facts and circumstances of the case and the fact that the petitioner is an elected Corporator of the Municipal Council he has the right to caste his vote, therefore, he is permitted to caste the vote scheduled to be held on 10-08-2022 between 12:30 PM to 01:00 PM for the post of President/Vice President, Municipal Council Hatod. The police authorities are directed to take the petitioner in police custody after verification of the date and time of such Election and make necessary arrangments for the same. After the Election is over the petitioenr is directed to go back immediatley and comply with the Externment order.

With the afoersaid, this petition stands disposed off.

Certified copy today itself.