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High Court Of ChhattisgarhCONT/560/2015disposed off

Dharam Singh v. Shri Om Prakash Verma

2016-01-12Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 560 of 2015 • Dharam Singh S/o Sahab Singh Porte, Aged About 25 Years Cast Gond, R/o Gram Panchayat Podi, Janpad Panchayat, Marwahi, P.O. & P.S. Marwahi, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Shri Om Prakash Verma , Sub Divisional Officer Pendra Road, Tehsil Pendra Road, Dist. Bilaspur, Chhattisgarh

2. Shri Om Prakesh Sharma, Chief Executive Officer, Janpad Panchayat, Marwahi, District Bilaspur, Chhattisgarh ...........(Contemnors) ---- Respondent For Petitioner Shri Rajeev Shrivastava, Advocate For Respondent No.2.

Shri Ajay Mishra, counsel on behalf of Shri Vinay Pandey, counsel Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 12/01/2016 1.

In WPC No.416/2015, the petitioner has assailed the order passed by the Election Tribunal i.e. Sub Divisional Officer (Revenue) [(for short 'SDO (R)'], Pendra Road setting aside his election as Sarpanch of Gram Panchayat Podi, Janpad Panchayat, Marwahi. The effect and operation of the order passed by the SDO (R) has been stayed by this Court vide order dated 09.03.2015, however, despite lapse of more than 10 months time, the petitioner is not handed over the charge of the office of Sarpanch nor any application is moved by any of the parties to the writ petition for vacating the interim order.

2.

In this contempt petition, the respondent No.1 has remain unserved due to his transfer. The respondent No.2, the Chief Executive Officer (for short 'CEO'), Janpad Panchayat, Marwahi would take shelter of a communication issued from his office to the SDO (R) on 14.07.2015 seeking guidance in the matter.

3.

Having considered the submissions, the contempt petition is disposed of with an observation that the present SDO (R), Pendra Road, District Bilaspur and the respondent No.2 shall ensure the compliance of the interim order passed by this Court within a period of 15 days from today. If the compliance is not made, the petitioner would be at liberty to move a fresh contempt petition. In such eventuality, this Court may take coercive steps against the contemnors.

Sd/- JUDGE PRASHANT KUMAR MISHRA Nirala