Rakesh Rajgadiya v. Chhattisgarh State Election Commission

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C.) No.4609 of 2021 • Rakesh Rajgadiya S/o Devki Kishan Nandan, Aged About 45 Years Permanent R/o Ward No. 19 Of Municipal Corporation Birgaon, Madhav Rao Sapre Nagar, Infront Of Vinu Petrol Pump, Adwani Colony, District Raipur Chhattisgarh ---- Petitioner

Versus

1. Chhattisgarh State Election Commission Through The Commissioner, Shastri Chowk, Old Mantralaya Parisar, Raipur District Raipur Chhattisgarh

2. Secretary, Chhattisgarh State Election Commission, Shastri Chowk, Old Mantralaya Parisar, Raipur District Raipur Chhattisgarh

3. The Collector, District Raipur Chhattisgarh

4. Deputy District Election Officer (Local Elections) And Working As Joint Collector, District Raipur Chhattisgarh

5. Commissioner, Municipal Corporation Birgaon District Raipur Chhattisgarh ---- Respondents For Petitioner - Mr. Vinod Kumar Deshmukh and Mr.

Ritesh Giri, Advocates.

For Respondents No.1 & 2 - Mr. Satish Gupta on behalf of Mr. R.S.

Marhas, Advocate.

For Respondents No.3 & 4 - Mr. Ravi Bhagat, Govt. Advocate.

For Respondent No.5 - Mr. R.S. Baghel, Advocate.

S.B.- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16-11-2021

1. Heard on petition.

2. It is submitted by learned counsel for the petitioner that petitioner is a

-2resident of Ward No.19 of Municipal Corporation, Birgaon, DistrictRaipur. He has a permanent voter identity card bearing registration No.WYK3162741. New voter registration number has also been issued which is WYK3192473. The voter list in the coming general election of local body/council of Municipal Corporation, Birgaon has been published, in which the name of the petitioner is not reflected. Petitioner has made a representation to respondent No.5 vide Annexure-P/4 on 03.04.2021 but the same has not been decided till date. Hence, it is prayed that appropriate direction may be issued.

3. Learned counsel for respondents No.1 and 2 also opposes the submissions and submits that the case may be disposed off with direction.

4. Learned State counsel representing respondents No.3 and 4 opposes the submissions.

5. Learned counsel for respondent No.5 also makes similar submissions that the case may be disposed off with direction.

6. Considered on the submissions and perused the documents present in the record of the petition, I am of this view that this petition can be disposed off with direction. Hence, this petition is disposed off at the motion stage.

7. Respondent No.1 and 2 are directed to consider on the representation filed by the petitioner and take decision on the same preferably within a period of 30 days from today.

8. With these observations, this petition is disposed off. Sd/- Monika (Rajendra Chandra Singh Samant) Judge