High Court Of ChhattisgarhWPC/910/2020disposed off

Smt. Asha Suryawanshi v. State Of Chhattisgarh

2020-03-13Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 910 of 2020 Smt. Asha Suryawanshi W/o Tiharu Ram Suryawanshi, Aged About 40 Years R/o Purani Basti, Suryawanshi Mohalla, Ward No. 7, Tifra, Municipal Corporation, Bilaspur District Bilaspur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector Bilaspur, District Bilaspur Chhattisgarh

2. Election Officer/ Prescribed Officer, Municipal Corporation, Bilaspur District Bilaspur Chhattisgarh

3. Election Officer/ Prescribed Officer Gram Panchayat Election, District Bilaspur Chhattisgarh

4. Mela Ram Verma, Panch Of Gram Panchayat Ganiyari, W. No. 20, Gram Panchayat Ganiyari, District Bilaspur Chhattisgarh

5. Smt. Anita Shyam Kartik Verma Counsellor Of W.No. 7 Municipal Corporation, Bilaspur District Bilaspur Chhattisgarh ---- Respondents For Petitioner :

Mr. Awadh Tripathi, Advocate For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 13/03/2020

1. The challenge in the present writ petition is to the election that was conducted for the Municipal Corporation, Bilaspur in December, 2019 and the subsequent Gram Panchayat elections that were conducted for village Hardikala on 28.01.2020 and for the village Ganiyari which was held on 03.02.2020.

2. At the outset, this Court is of the opinion that the petitioner if at all was aggrieved of her election that were held in December, 2019, when the petitioner stood for election as a Ward Member for Ward No.7 under Municipal Corporation, Bilaspur, she ought to have challenge it at an appropriate time before the appropriate forum.

3. The subsequent gathering of information and then filing a writ petition to challenge the election that were held three months back would not be one which could be entertainable under the writ jurisdiction of this Court under Article 226 of the Constitution of India.

4. In view of the same, this Court is of the opinion that the writ petition challenging the election, which were held three months back is not maintainable and the same stands rejected reserving the right of the petitioner to avail other statutory remedies available to the petitioner, if any.

Sd/- (P. Sam Koshy) Judge Ved