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2026:CGHC:6682

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 255 of 2026

1 - Shishir Kumar Sharma S/o Late Dr. J.D. Sharma Aged About 60 Years

Presently Posted As Block Development Officer, Janpad Panchayat, Berla,

District Bemetara, Chhattisgarh

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Chhattisgarh Department Of

Panchayat And Rural Development, Mantralaya, Mahanadi Bhavan, Atal

Nagar, Nava Raipur, District - Raipur, Chhattisgarh

2 - Under Secretary Chhattisgarh Department Of Panchayat And Rural

Development, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur,

District - Raipur, Chhattisgarh

3 - Incharge Chief Executive Officer Janpad Panchayat, Berla, District

Bemetara, Chhattisgarh

4 - Incharge Assistant Project Officer Jila Panchayat, Bemetara, Chhattisgarh

5 - Dipti Mandavi Currently Posted As Assistant Project Officer, Jila

Panchayat Bemetara, Chhattisgarh

6 - Election Commission Of India, Through Its Chief Electoral Officer, D.K.S.

Bhawan, Old Mantralaya Premises Indrawati Block, Shashti Chowk, Raipur,

District Raipur C.G.

--- Respondent(s)

(Cause title is taken from CIS system)

For Petitioner : Mr. Pankaj Singh, Advocate

BALRAM

PRASAD

DEWANGAN For Respondents/State No.1 & 2 : Ms. Diksha Gouraha, Dy.G.A.

Digitally signed by For Respondent No.5 : Mr. Raghavendra Pradhan, Advocate

BALRAM PRASAD

DEWANGAN

Date: 2026.02.07 For Respondent No.6 : Mr. Rakesh Kumar Jha, Advocate

14:40:31 +0530

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Hon'ble Shri Justice Parth Prateem Sahu

Order On Board

05/02/2026

1. Petitioner has filed this petition seeking following relief (s):-

“10.a) Issue an appropriate writ, order or direction,

including a writ of certiorari, quashing and setting aside

the impugned transfer order dated 16.12.2025, bearing

No. ESTB-102(1)/557/2025, issued by Respondent No.

2, whereby the petitioner has been transferred from

Janpad Panchayat, Berla, District Bemetara, in an

arbitrary and illegal manner;

10.b) Issue an appropriate writ, order or direction

restraining the respondents from giving effect to the

impugned transfer order dated 16.12.2025, and direct

that the petitioner be allowed to continue on his

present post/place of posting;

10.c) Declare that the impugned transfer order is

illegal, arbitrary and unconstitutional, being in violation

of the binding directions of the Election Commission of

India issued under Article 324 of the Constitution of

India, as well as violative of Articles 14 and 21 of the

Constitution of India;

10.d) To pass any other order in favor of Petitioner as

this Hon'ble Court may deem fit and proper under the

facts and circumstances of the case with cost.”

2. Learned counsel for petitioner submits that petitioner is employee of

Panchayat and Rural Development Department of State of

Chhattisgarh and was holding substantive post of Block Development

Officer, Janpad Panchayat Berla, District Bemetara. Thereafter has

assigned duty to work as Incharge Chief Executive Officer, Janpad

Panchayat Berla. Vide order dated 24.10.2024, petitioner was

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transferred from the office of Janpad Panchayat Khairagarh, District

Khairagarh – Chhuikhadan -Gandai to the office of Janpad Panchayat

Berla, District Bemetara as Incharge Chief Executive Officer and since

then petitioner is continuously working as Incharge Chief Executive

Officer, Janpad Panchayat Berla, District Bemetara. Vide impugned

order Annexure P-1 dated 16.12.2025, petitioner is again transferred

to the office of Zila Panchayat Bemetar as Incharge Assistant Project

Officer, Zila Panchayat Bemetara. Transfer of petitioner vide order

impugned (Annexure P-1) is in violation of the Section 13CC of the

Representation of the People Act, 1950 (Hereinafter referred to as ‘the

Act of 1950’). To substantiate his submission, he would submit that

petitioner was deputed as Additional Assistant Electoral Registration

Officer (AAERO) by the Collector-cum-District Election Officer,

Bemetara vide order dated 28.11.2025 and he is engaged in the work

of Special Intensive Revision (SIR). As petitioner is deputed to

co