Chhattisgarh State Election Commision (Municipalities) v. Aiwej Kumar Dewangan

HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 129 of 2021 • Chhattisgarh State Election Commision (Municipalities) Through The Secretary, Chhattisgarh State Election Commission, Shastri Chowk, Old Mantralaya Parisar, Raipur District Raipur Chhattisgarh ---- Petitioner

Versus

1. Aiwej Kumar Dewangan S/o Shri Phul Singh Aged About 45 Years R/o Trimurty Nagar, Ward No. 05, Birgaon, Up-Tahsil Dharsiwa, P. S. Urla District Raipur Chhattisgarh

2. State Of Chhattisgarh Through The Secretary, Government of C.G. Department Of Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

3. Collector Raipur District Raipur Chhattisgarh

4. Municipal Corporation Birgaon Through Commissioner, Municipal Corporation Birgaon Raipur District Raipur Chhattisgarh ---- Respondents For Petitioner :

Shri Ranbir Singh Marhas, Advocate For Respondent No. 1 :

Shri Nishant Bhanushali on behalf of Shri Prateek Sharma, Advocate For Respondent/ State :

Ms. Sunita Jain, G.A.

For Respondent No. 4 :

Shri Satish Gupta, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 08.03.2021

1. Heard on application for extension of time.

2. Learned counsel for the petitioner would submit that due to inadvertent mistake on 15.01.2021 the submission was made on behalf of C.G. State Election Commission that within a month they would verify the voters list and thereafter within a further period of another month they will conduct the election of Municipal Corporation, Birgaon. He further submit that immediately after the direction was issued the notification was issued and final list of voters was to be published on 26.03.2021 ( Annexure A-3) as

necessary objection are required to be decided. He further submit that the notification has been issued by Annexure A-4 to the Collector to hold the election. He further submits that after the voters list is finalized on 26.03.2021 and they would require another 45 days to complete the entire election and issue the certificate as per C.G. Nagarpalika Nirvachan Niyam, 1994.

3. Considering the submission made and the letter Annexure A-3, wherein it shows that already steps have been taken. It seems that in the earlier occasion by inadvertent mistake submission was made by the respondents. It is further directed that the C.G. State Election Commission shall conduct the election within 45 days after finalization of the voters list on 26.03.2021.

4. With the aforesaid observation, the MCC stands disposed off. Sd/- (Goutam Bhaduri) Judge Jyoti