Advocates:
['PARAG KOTECHA', '', 'ALOK TIWARI', 'WAQAR NAIYER', 'A G', '', 'B P SHARMA OBJECTOR']

W.A.No.458/2016

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Appeal No.458 of 2016

Narendra Kumar Prajapati, S/o Shri Kashi Ram, aged about 30

years, R/o Place, Post and Tahsil Jaijaipur, District Janjgir-

Champa (C.G.)

---- Appellant

Versus

1. The State of Chhattisgarh, Through the Secretary, Urban

Administration Department, Mahanadi Bhawan, Naya Raipur,

District Raipur (C.G.)

2. The Director, Directorate of Urban Administration Department,

Indrawati Bhawan, Raipur Panchayat, Indrawati Bhawan, Naya

Raipur (C.G.)

3. Chhattisgarh State Election Commission, Near D.K.S. Bhawan,

(Old Mantralaya), Raipur, District Raipur (C.G.)

4. The Collector-cum-District Election Officer (Local Election),

District Janjgir-Champa (C.G.)

5. Nagar Panchayat, Jaijaipur, Through its Chief Municipal Officer,

Jaijaipur, District Janjgir-Champa (C.G.)

---- Respondents

For Appellant:

Mr. Parag Kotecha, Advocate.

For Respondents No.1 and 2/State: -

Mr. Y.S. Thakur, Deputy Advocate General.

For Respondent No.5:

Mr. R.S. Baghel, Advocate.

For Objector:

Mr. B.P. Sharma and Mr. Hari Agrawal,

Advocates.

Hon'ble the Chief Justice and

Hon'ble Shri Justice Sanjay K. Agrawal

Judgment On Board

Per Deepak Gupta, Chief Justice

27/09/2016

1. This appeal is a total abuse of the process of the Court and

shows how an unelected person only nominated by the

Government can use the judicial process to delay the electoral

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process.

2. The undisputed facts are that the elections for President, Nagar

Panchayat, Jaijaipur, District Janjgir-Champa were held on 4-1-

2015 and in this election one Shri Mahendra Chandra was

elected as President. He was convicted for having committed

offences punishable under Sections 332, 147, 427 of the IPC

and 132 of the Representation of the People Act, 1951 and

sentenced to undergo RI for three months for the same. In

another case, he has been convicted in S.T.No.11/2012 on 9-1-

2015 and sentenced to RI for five years and 6 months. Though

the sentence has been suspended, conviction of Shri

Mahendra Chandra has not been stayed. Therefore, in view of

the law laid down by the Supreme Court, his conviction will

remain in force and he cannot hold any elected office.

3. The Government, however, took no action against Shri

Mahendra Chandra compelling Shri Balram Chandra to file a

writ petition being W.P.(C)No.221/2015 in which he prayed that

Shri Mahendra Chandra be restrained from taking oath as

President of the Nagar Panchayat. In the mean time, Shri

Mahendra Chandra was administered the oath of office and

thereafter, a learned Single Judge of this Court restrained Shri

Mahendra Chandra from functioning as President of Nagar

Panchayat, Jaijaipur till the next date of hearing. Thereafter,

Smt. Jhankeshwari Chandra filed another petition praying that

she be nominated to work as President because she holds the

majority. She was also the elected Vice President. Thereupon,

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a learned Single Judge of this Court passed an order that when

the President is absent, the meetings should be presided over

by the Vice President. He also directed that in terms of sub-

section (2) of Section 37 of the Chhattisgarh Municipalities Act,

1961, a person should be nominated to work as President of

local body within a period of sixty days. Pursuant to the said

direction, the present appellant was nominated by the State

Government on 26-10-2015. Thereafter, Smt. Jhankeshwari

Chandra filed another petition being W.P.(C)No.2011/2015 in

which she claimed that since she held the majority, she should

be nominated. It would be pertinent to mention that the present

appellant was respondent No.6 in W.P.(C)No.2011/2015 and

was duly represented by counsel. This petition was disposed of

by a learned Single Judge. After referring to Section 37 of the

Chhattisgarh Municipalities Act, 1961, the lea