Smt. Yaruna Patle v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 170 of 2020 Smt. Yaruna Patle W/o Shrawan Patle, Aged About 28 Years, Resident Of Sormall, Gram Panchayat - Pachari, Post - Birkoni, Tahsil Akaltara, District - Janjgir Champa, Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, Chhattisgarh State Election Commission, D.K.S. Bhawan (Near Old Mantralaya) Raipur District Raipur, Chhattisgarh
2. The Collector And District Election Officer, District Janjgir Champa Chhattisgarh
3. The Returning Election Officer, Janpad Panchayat Akaltara, District Janjgir Champa, Chhattisgarh
4. The Officer Portal Of Katnai, Janpad Panchayat Akaltara, District Janjgir Champa, Chhattisgarh ---- Respondents For Petitioner :
Mr. Ravi Maheshwari, Advocate For State :
Mr. Jitendra Pali, Dy. A.G.
Hon'ble Shri Justice P. Sam Koshy Order On Board 16.01.2020
1. The grievance of the petitioner in the present writ petition is the rejection of his nomination for the post of Sarpanch of Gram Panchayat Pachari, Tahsil Akaltara, District Janjgir-Champa.
2. Perusal of the records and on hearing the submissions put forth by the
counsel for the petitioner it clearly reveals that the rejection of the petitioner's nomination was on the ground that the petitioner did not submit her nomination paper by way of hard copy though she had submitted nomination papers under online system. According to the petitioner, she was not aware of the requirement of the submission of hard copy also.
3. This ground of the petitioner may not be sustainable for the reason that ignorance of law and procedure is no defence. Moreover, once when an applicant intends to participate in an election, he/she is supposed to know the procedure to be adopted. If requirement of the procedure is for submission of the application through on line as also by submission of hard copy, the same has to be followed in its true sense. Further reason for this Court not to entertain the writ petition is that there is no mechanism provided under the guidelines granting permission to a person for curing the defaults, if any, in the submission of nomination papers.
4. Given the said facts, this Court does not find any strong case made out by the petitioner for issuance of any writ. The writ petition fails and is accordingly rejected.
Sd/- P. Sam Koshy Judge Khatai