Smt. Bedeshwari Verma v. Mawlimata Machua Sahakari Samiti Maryadit And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 442 of 2014 • Smt. Bedeshwari Verma (Sarpanch) W/o Baldev Verma Aged About 39 Years R/o Village Panchayat Kodwa, Janpad Panchayat Bhatapara, Ps Bhatapara, Civil & Reveneue Distt Baloda Bazar- Bhatapara, Cg ---- Petitioner

Versus

1. Mawlimata Machua Sahakari Samiti Maryadit Kodwa Through its President Ramkhilawan Kewat S/o Kejuram, Aged about 40 years, R/o Village Panchayat Kodwa, Janpad Panchayqat Bhatapara, Ps Bhatapara, Civil & Revenue Distt Baloda Bazar- Bhatapara, Cg

2. The Commissioner Raipur, Division Raipur, Cg

3. State of Chhattisgarh through Collector Distt Baloda Bazar- Bhatapara, Cg

4. The Sub Divisional Officer, Bhatapara, Distt Baloda Bazar-Bhatapara, Cg ---- Respondent For Petitioner Shri Punit Ruparel, Advocate For Respondent-State Shri Avinash Singh, PL Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 22/08/2016 1.

This is a petition preferred by the petitioner who was Sarpanch of Gram Panchayat Kodwa at the relevant time.

2.

In the matter of Sarpanch v. Banshidhar Bhoi and others, passed on 09.02.2016 in WPS No.6032/2008, this Court has held that a Sarpanch cannot maintain a writ petition on behalf of Gram Panchayat.

3.

Since after filing of the present writ petition, fresh elections have taken place wherein a new person has been elected as Sarpanch and the petitioner has no personal interest in the matter as she is only espousing the cause of the Gram Panchayat, which is not the petitioner. Hence, the petition is not maintainable. 4.

In view of the above, the writ petition is dismissed as not maintainable. However, liberty is reserved in favour of the Gram Panchayt to move a fresh writ petition, if it so desires.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala