1

AFR

HIGH COURT OF CHHATTISGARH BILASPUR

Judgment Reserved on 02.02.2021

Judgment Delivered on 11.02.

2021

Writ Appeal No. 31 of 2021

(Arising out of order dated 13.01.2021 passed in Writ Petition (C)

No.44 of 2021 by the learned Single Judge)

1.

Smt. Neera Manhar W/o Shri Sukhiram Manhar Aged About

45 Years Sarpanch, Gram Panchayat Thuthi Janpad

Panchayat Jaijaipur District Janjgir Champa Chhattisgarh,

R/o Village Thuthi, Tahsil Jaijaipur, District Janjgir Champa

Chhattisgarh.

2.

Smt. Durga Manhar W/o Shri Gautam Manhar Aged About

28 Years Panch, Ward No. 12 ff Gram Panchayat Thuthi

Janpad Panchayat Jaijaipur District Janjgir Champa

Chhattisgarh, R/o Village Thuthi, Tahsil Jaijaipur, District

Janjgir Champa Chhattisgarh

---- Appellants

Versus

1.

State of Chhattisgarh Through The Secretary, Department

Panchayat and Rural Development, Mantralaya, Mahanadi

Bhawan, Naya Raipur, Post Office and Police Station Rakhi,

District Raipur Chhattisgarh.

2.

Collector Janjgir Champa District Janjgir Champa

Chhattisgarh.

3.

Sub Divisional Officer (Revenue) Jaijaipur, District Janjgir

Champa Chhattisgarh.

4.

Shivkumar Chandra S/o Laxman Prasad Chandra Village

Thuthi, Tahsil Jaijaipur District Janjgir Champa Chhattisgarh

---- Respondents

For Appellant

: Shri Ishan Verma, Advocate

For Respondent/State : Shri Ashish Tiwari, Govt. Advocate

For Respondent No.4 : Shri Prateek Sharma, Advocate

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Hon'ble Shri P. R. Ramachandra Menon

, Chief Justice

Hon'ble Shri Parth Prateem Sahu, Judge

C A V Judgment

Per Parth Prateem Sahu

, Judge

1.

Challenge in this writ appeal is to the order dated 13.01.2021

passed in Writ Petition (C) No.44 of 2021 whereby learned Single

Judge declined to interfere with the order passed by Collector,

Janjgir-Champa dated 07.12.2020 allowing the application filed

under Section 36(2) of the Chhattisgarh Panchayat Raj Adhiniyam,

1993 (hereinafter referred to as 'Adhiniyam, 1993') and declared the

post of Sarpanch and Panch of Ward No.12 of village Panchayat

Thuthi to be vacant under Section 36(3) of the Adhiniyam, 1993.

2.

The facts as pleaded by the appellants are that, appellants

contested Panchayat election, which took place on 30.01.2020 for

the post of Sarpanch and Panch of Ward No.12 respectively, of

village Panchayat, Thuthi. After conclusion of election proceedings,

appellants No.1 and 2 have been declared to be elected on their

respective posts and election certificates were also issued to them.

Respondent No.4, filed an application before respondent No.2

Collector, Janjgir-Champa under Section 36(3) of the Adhiniyam,

1993 for declaring the appellants to be disqualified and post of

Sarpanch and Panch of Ward No.12 of village Panchayat, Thuthi to

be vacant. Respondent No.2 registered the case and thereafter,

passed an order on 07.12.2020 (Annexure P/1) declaring the post of

Sarpanch and Panch of Ward No.12 of village Panchayat, Thuthi to

be vacant. This made the appellants to file a writ petition with

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following reliefs :-

“10.1 This Hon'ble Court may kindly be

pleased to set-aside/quash the impugned

order dated 07.12.2020 (P/1) passed in by

the Collector, Janjgir-Champa in case vide

No.202009060100004/A-89-23;

10.2 Hon'ble Court may kindly be pleased

to issue any other order or orders writ or

writs, direction or directions as this Hon'ble

Court may deem fit in the facts and

circumstances of the case in favour of the

petitioners, in the interest of justice.”

3.

Learned Single Judge upon hearing the learned counsel for

respective parties, dismissed the writ petition by impugned order

dated 13.01.2021.

4.

Shri Ishan Verma, learned counsel for the appellants submits

that appellants have been duly elected in Panchayat election held

on 30.01.2020. They have been issued election certificate and

hence, if for any reason, appellants are declared to be disqualified to

contest the election or to hold the post, then i