2026:CGHC:1827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 155 of 2026 ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.13 18:25:19 +0530 Prakash Meshram S/o - Damaji Meshram Aged About 55 Years Posted As Chief Executive Officer, Janpad Panchayat Saraipali District Mahasamund (C.G.)

... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.)

2 - Under Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.)

3 - Chief Executive Officer Zila Panchayat Mahasamund District Mahasamund (C.G.)

4 - Rajesh Sahu In-Charge Chief Executive Officer, Janpad Panchayat Raigarh District Raigarh (C.G.)

5 - Election Commission Of India Through Its Chief Electoral Officer, D.K.S. Bhawan, Old Mantralaya Premises Indravati Block, Shahshti Chowk, Raipur, District Raipur (C.G.)

... Respondents

13/01/2026

1. Petitioner has filed this writ petition seeking following reliefs:

“10.1 That this Hon’ble Court may kindly be pleased to set- aside/quash the impugned transfer order Dated 16.12.2025 issued by respondent Under Secretary, Panchayat & Rural Development Department (Annexure P/1) in respect of the petitioner.

10.2 To kindly grant any other writ/writs, order/orders, relief/reliefs in favour fo the petitioner, which the Hon’ble Court fit & just in the facts and circumstances of the case, including awarding of the costs of the petitioner.”

2. Learned counsel for petitioner submits that petitioner is holding the post of Chief Executive Officer Janpad Panchayat, Saraipali District Mahasamund pursuant to order dated 16.12.2025. Petitioner was transferred on the post of In-charge Assistant Project Officer, Janpad Panchayat, Durg. He submits that the post of Assistant Project Officer is to be filled by either direct recruitment or by deputation. There is no order of posting of the petitioner on deputation. He next submits that the petitioner is also engaged in a Special Intensive Revision (SIR) as AERO (Assistant Electoral Returning Officer) and, therefore, transfer of petitioner without prior permission of Election Commission is bad in law. He also submits that in view of above impugned order of transfer of petitioner may be set-aside. Petitioner is still working on earlier place of posting i.e. Chief Executive Officer, Janpad Panchayat, Saraipali, District Mahasamund. He further submits that petitioner has also filed a document along with covering memo to show that Chief Electoral Officer by letter dated 19.12.2025 addressed to Secretary requesting for cancelling the order of transfer of employees who have been deputed as AERO and employees deputed in the SIR work. He lastly submits that petitioner was earlier transferred on 16.10.2025 and within a period of two months only this transfer order is again issued which is contrary to the transfer policy of State Government.

3. Learned counsel for State submits that in this writ petition petitioner has challenged the order of transfer issued by State Government and according to transfer policy petitioner is having the remedy to file representation under the Committee constituted under Transfer Policy. From the documents enclosed along with this writ petition, it is reflecting that petitioner has not submitted any representation as provided under the Transfer Policy.

4. Mr. Rakesh Kumar Jha, learned counsel for Election Commission do not oppose the submission made by learned counsel for petitioner with regard to issuance of letter by Chief Electoral Officer requesting for cancelling of transfer order of employees engaged in SIR work and further submitting that if employ