Avaj Dewangan v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 730 of 2016 • Avaj Dewangan S/o Late Shri Phool Singh Dewangan, Aged About 42 Years R/o Trimurti Nagar, Ward No. 31, Nagar Nigam Birgaon, Police Station Urla, Tahsil And District Raipur (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Urban Administration And Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur (Chhattisgarh)
2. The Chhattisgarh State Election Commission, Through The Secretary, Near Mahanadi Bhawan, Raipur, District Raipur (Chhattisgarh)
3. Joint Director, Treasury Accounts And Pension, Nagar Ghadi Chowk, Raipur, District Raipur (Chhattisgarh)
4. Smt. Ambika Yadu, Mayor, Municipal Corporation Birgaon, Raipur, District Raipur (Chhattisgarh) ---- Respondents For Petitioners :
Shri Prateek Sharma, Advocate.
For Respondent/State :
Shri Ramakant Mishra, Deputy AG For Respondent No.2 :
Shri Pramod Verma, Senior Advocate with Shri Virendra Verma, Advocate For Respondent No.4 :
Shri B.P.Sharma, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 29/08/2016 1.
Prayer in this petition is for a direction to the State Election Commission to take action on petitioner's application in view of Section 14-A, 14-B & 14-C of the Chhattisgarh Municipal Corporation Act, 1956 (for brevity 'the Act') declaring respondent No.4 to be disqualified to hold the post of Mayor of Birgaon Municipal Corporation, as expeditiously as possible. 2.
Shri Pramod Verma, learned Senior Advocate appearing for the State Election Commission would submit at the outset that at the time of filing of this
petition, the State Election Commission had not received the required statutory report of the District Election Officer, therefore, the matter remained pending. However, thereafter, the report has been received on 22.04.2016 and the matter shall be decided in accordance with law at the earliest. 3.
In view of the above, nothing survives for adjudication in this writ petition. However, the Election Commission is expected to decide the matter at the earliest, preferably within a period of six months. 4.
With the aforesaid, the petition stands disposed of. Sd/- Judge (Prashant Kumar Mishra) Anjani