Hemlal Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 274 of 2020 Hemlal Chauhan S/o Shri Surit Ram Chauhan, Aged About 43 Years R/o Village Kairpur, Tahsil And District Raigarh, Civil And Revenue District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector Cum District Election Officer, Raigarh District Raigarh Chhattisgarh

2. The Sub Divisional Officer (Revenue) Raigarh District Raigarh Chhattisgarh

3. The District Returning Officer, Raigarh, District Raigarh Chhattisgarh

4. The Secretary, Gram Panchayat Khairpur, Tahsil and District Raigarh Chhattisgarh

5. The Samiti Manager, Krishak Sewa Sahakari Syam Sundar Ram S/o Shri Lalchand Ram, R/o Village Khairpur, Tahsil And District Raigarh Chhattisgarh ---- Respondents For Petitioner :

Mr. M. K. Sinha, Advocate For State :

Mr. Ishan Verma, PL Hon'ble Shri Justice P. Sam Koshy Order on Board 28/01/2020

1. The challenge in the present writ petition primarily is to the alleged illegal acceptance of nomination to respondent No.5 in the forthcoming Panchayat elections on the post of Sarpanch in the Gram Panchayat Kairpur, Tahsil & District Raigarh, Chhattisgarh.

2. At the outset, this Court is of the opinion that writ petition at this juncture would not be maintainable on account of express bar provided under Article 243 O of the Constitution of India.

3. Reserving the right of the petitioner to avail other remedies open to him, the writ petition stands rejected.

4. Rejection of the writ petition would not preclude the petitioner from pursuing his representation that he has filed before Collector. Sd/- (P. Sam Koshy) Judge Rohit