Vishnu Jangde v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1646 OF 2017

1. Vishnu Jangde S/o Umendr Jangde, Aged About 30 Years Panch Gram Panchayat Pratappur, R/o Village Lalpur, Tehsil Pandariya, District Kabirdham Chhattisgarh.

2. Rajkumar Bhaskar, S/o Budhnava Ram, Aged About 40 Years Panch Of Gram Panchayat Pratappur, R/o Village Lalpur, Tehsil Pandariya, District Kabirdham (Chhattisgarh) ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat & Rural Development Department, Mahanadi Bhavan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)

2. State Election Commission, Chhattisgarh Kutchery Chowk, Raipur Chhattisgarh.

3. Collector Kabirdham And District Election Officer (Panchayat Election), District Kabirdham (Chhattisgarh)

4. Tehsildar, Pandaria District Kabirdham And Returning Officer (Panchayat Election), For Gram Panchayat Pratappur, Block Pandaria, District Kabirdham Chhattisgarh.

5. Gram Panchayat Pratapur, Through Its Sarpanch (Officiating) Smt. Manisha Tondey, Aged About 35 Years, W/o Hemkumar Tonday, R/o Village Lalpur, Tehsil Pandaria , District Kabirdham (Chhattisgarh)

6. Smt. Manisha Tondey, W/o Hemkumar Tonday, Aged About 35 Years R/o Village Lalpur, Tehsil Pandaria , District Kabirdham (Chhattisgarh) ---- Respondents -------------------------------------------------------------------------------------------------- For Petitioners :

Mr. R.S. Baghel, Advocate For Respondent/State :

Mr. Shashank Thakur, Govt. Advocate.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/06/2017 1.

In this present writ petition, prayer is made to make a revised voters' list by the petitioners, who are the Panchs in respect to the voters' list of Gram Panchayat, Pratappur.

2.

A perusal of the Rule 11 of the Chhattisgarh Panchayat Nirvachan Niyam, 1995 (hereinafter referred to as 'Niyam, 1995') shows that the person, whose name is not entered in the voters' list or is

entered at an incorrect place or with incorrect particulars, etc. may prefer a claim or objection.

3.

It is not a case of the petitioners that their names have not been entered into the voters' list as it appears that the petitioners are espousing the cause of others. The person whose names may or may not have been entered into the voters' list are not before this Court. Prima facie, it appears that the petitioners were not aggrieved persons. The documents filed alongwith the petition do not suggest any claim or objection whether it was made before the concerned authority or not. Therefore, it appears that the petitioners do not have any locus standi to challenge the voters' list in their personal capacity as the objectors. 4.

In view of the above, the writ petition has no merit, therefore, the same is dismissed.

Sd/- (Goutam Bhaduri) Vacation Judge Yogesh