Uttam Patle v. The State Of Chhattisgarh And ORS.

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR

WRIT PET1T10N(C) No. 2L0 /2015 PETITIONER Uttam Patlé, aged about 42 years, S/o Late Sadram Patle, R/o Village and Post Khaija, Tahsil and Thana Baloda, Distt.

Janjgir Champa

VERSUS

RESPONDENTS 1.

The State of Chhattisgarh, through Secretary, Panchayat and Rural Department, Mantralaya, Raipur 2.

District Returning Officer Cum Collector, Janjgir Champa 3.

Sub Divisional Officer cum Prescribe Authority , Janjgir Distt. Janjgir Champa Ashok Kumar K'Tgrre, S/o Guharam Kurre, By Caste Satnariii, R/o Village Khaija, Distt. Janj gir Champa WRIT PETITION UNDER ARTICLE 226 AND 227 OF THE CONS TITUTION OF INDIA sh;

,*s

w HIGH gQURT OF CHHATTISGARH, BILAspug w.P. (c1 No.31g bf 2o1§ PETITIONFR Uttam Patle

Versus

RESPONDENTS The State of Chhattisgarh & others Shri Parag Kotecha, counsel forthe petitioner. Shri Adhiraj Surana, Dy. G.A.

forthe State.

__ ________ SINGLE BENCH :

HONBLE SHRI PRASHANT KUMAR MISHRA, J;

ORAL ORDER (23/02/201 5) Petitioner contested the election of Panch of Ward No.

10, Gram Panchayat, Khaija, Tahsii Baloda, District Janjgir-Champa.

Petitioner was defeated in the election According'to the petitioner, he secured more than votes than respondent_No_;4.'j:yetithe'petitioner was not declared elected, therefore, he has preferred an election petition under Section 122 of the C.G. Panchayat Raj Adhiniyam, #1993.

Prayer in this writ petition is to stay the election of UpSarpanch of the said Gram Panchayat during the pendency of the election petition and to direct early conclusion of the trial of the election petition. 2.

Once, the body of the Gram Panchayat has been elected, t is the statutory duty of the election officer to conduct election of Up-Sarpanch. Merely because an election petition has been filed challenging the election, the election of Up-Sarpanch cannot be stayed. The democratic process has to be conclUded in accordance with the statUte-and mere aspiration of a candidate would not come in the way of Constitution of Gram Pahchayat. Thus, the first part ofihe relief is not tenable.

i 3.

ln so far as relief concerning direction to the Election Tribunal to conclude the election petition at the earliest, the same appears to be reasonable, therefore, the writ petition is disposed of with a direction to the Election Tribunal before whom the election petition filed by the petitioner is pending, to decide the same as early as possible and preferably within a period of six months from the date of submission of certified copy of this order. My Sdl/q I Prasham Kumar Mlshra Judge