Aiwez Kumar Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2813 of 2020 Aiwez 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 --- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Urban Administration and Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. The Collector Raipur District Raipur Chhattisgarh

3. Municipal Corporation Birgaon through Commissioner, District Raipur Chhattisgarh.

4. The Chhattisgarh State Election Commission (Municipalities) through The Secretary, Shastri Chowk, Old Mantralaya Parisar, Raipur District Raipur Chhattisgarh --- Respondent For the Petitioner : Mr. Prateek Sharma, Advocate For the State : Mrs. Richa Shukla, Dy. Govt. Adv.

For respondent No.3 : Mr. Satish Gupta, Advocate For respondent no.4 : Mr. Abhyuday Singh, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .01.2021

1. The prayer made by the petitioner in this writ petition is as follows:

" 10. Relief(s) sought :

10.1 That, to call for the entire records pertaining to the petitioner's case for the kind perusal of the Hon'ble Court; 10.2 That, the Hon'ble Court may kindly be pleased to set aside the impugned order dated 16.09.2020 passed by respondent no.4 (Annexure P-1) and further be pleased to direct the respondent No.04, for conducting election of Municipal Corporation Birgaon in accordance with constitutional mandate before expiry of term of councilors/ Mayor of Municipal Corporation Birgaon, in the interest of

justice.

10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as if may deem fit and appropriate."

2. Learned counsel for respondent no.4 would submit that within a month, they will verify the voters list and thereafter within a further period of another month they will conduct the elections in respect of Municipal Corporation, Birgaon.

3. In view of such statement made by the Chhattisgarh State Election Commission (Municipalities)/respondent no.4, no further adjudication would be required on this point.

4. Accordingly, this writ petition stands finally disposed of in terms of the submission made by learned counsel for respondent no.4.

Sd/- GOUTAM BHADURI JUDGE R a o