SHAILENDRA TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondent No.3 to take suitable and appropriate action on the representation filed by him against the person who have violated the model code of conduct.

(2.) I t is mentioned in the petition that the petitioner has preferred a representation (Annexure P/2) to the Election Officer to take appropriate action against the respondents with regard to violation of model code of conduct but no action whatsoever has been taken by the respondents to decide the representation. In these circumstances, direction may be issued to respondents to decide the same in accordance with the law at the earliest.

(3.) I n the light of the substantive provisions for filing of election petition under Sec. 122 of the Adhiniyam and in view of the aforesaid pronunciation of law and keeping in view the Division Bench judgment of this Court passed in W.A. No.809/2022 (Gwalior Bench) dtd. 11/7/2022 so also looking to the fact that disputed questions of fact are involved in this case which cannot be adjudicated in the writ petition under Article 226 of the Constitution of India, this Court is not inclined to entertain this writ petition at this stage.