Order on Board

Per Ramesh Sinha , Chief Justice

27.01.2025

1.

Heard Mr. Shakti Raj Sinha, learned counsel for the petitioner. Also heard Mr. Prafull N. Bharat, learned Advocate General assisted by Mr. R.S.Marhas, learned Additional Advocate General, Mr. Praveen Das, learned Additional Advocate General and Mr. Shashank Thakur, learned Deputy Advocate General for the State/respondents.

2.

By way of this writ petition, the petitioner has prayed for following reliefs:

“(i) That, this Hon'ble Court may kindly be pleased to declare the Notification dated 24.12.2024 notifying amendment in Chhattisgarh Panchayat Election Rules 1995 as ultra vires and without legal authority.

(ii) That, this Hon'ble Court may kindly be pleased to quash the Notification dated 24.12.2024 and 06.01.2025 issued by the Collector Surajpur applying the amended Election Rules

1995.

(iii) That, this Hon'ble Court may kindly be pleased to direct the respondents not to act upon the ordinance dated 03.12.2024, till the same is validly passed by the State Legislative Assembly as required by the Article 213 of the Constitution of India.

(iv) That, this Hon'ble Court may kindly be pleased to direct the respondents to apply section 129 (Ε) clause (3) of Chhattisgarh Panchayat Adhiniyam 1993 in the upcoming Panchayat Elections, as earlier, as the same is special provision for schedule 5 area.

(v) Any other relief deemed just and proper by the Hon'ble Court in the interests of justice.”

3.

The present petition is filed challenging the vires of the Chhattisgarh Panchayat Nirvachan Niyam, 1995 (for short, “Rules of 1995”) in particular the amendment in said the Rules of 1995 vide notification dated 24.12.2024 (Annexure P/4) on the grounds that they have been made without any amendment in the Act or without passing of the any valid Ordinance under Article 213 of the Constitution of India. In fact the said Rules of 1995 are ultra vires being not supported by any legal provisions and are against the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short, the Act of 1993) as was existing before 03.12.2024 and practically was never amended to incorporate such provisions, which have been made applicable in the tri-level Panchayat Elections under the aforesaid Rules of 1995. The petitioner further challenges the action on the part of the respondent authorities whereby they have issued notifications with respect to the classification and reservation of seats to the reserved category for upcoming panchayat elections. In the instant petition, the petitioner is praying to declare the Notification dated 24.12.2024 (Annexure P/4) issued by the State Government being ultra vires as the same does not flow from any Act or valid Ordinance as well as the order dated 06.01.2025 issued by the Collector, Surajpur, applying the amended Rules of 1995 (Annexure P/5).

4.

Mr. Shakti Raj Sinha, learned counsel for the petitioner submits that the Government of Chhattisgarh has brought an Ordinance under Article 213 of the Constitution of India on 03.12.2024 termed as “Chhattisgarh Panchayat Raj (Sanshodhan) Adhyadesh 2024 (3 of 2024) by which sub-section (3) of Section 129-E of the Chhattisgarh Panchayat Raj Adhiniya, 1993 has been deleted which provides for reservation of seats. He further submits that the session of the State Assembly was scheduled to be held from 16.12.2024 to 20.12.2024 and the Ordinance was tabled before the Assembly on the last day i.e. 20.12.2024 but was not at all considered during the whole of fourth session. It has been contended that perusal of the minutes (Annexure P/3) of the session of the State Legislative Assembly of 20.12.2024 would show that the said Ordinance has not been passed. Despite the fact that the Ordinance has not been validly passed by the Legislative Assembly, the same has been made applicable to the tri-level Panchayat Elections, 2025. In light of the said Ordinance, the State Government has issued notification dated 24.12.2024 (Annexure P/4) and has amended (a) the p