r" ^fZ^ HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE : HON'BLE SHRI S.R. NAYAK, CJ. WRITPETjTiON N0.1689 QF 2005 > yersus 6. Toukir Dani, S/o. Guiam Sanvar Dani, Aged about 47 years, Presldent Nagar Panohayat, Basna, Rosident of Basna, Mahasamund (C.G.) of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Buitdjng, Mantrslaya, Raipur, Chattisgarh. Secretary, Department of Panchayat, D.K.S. Buljding, Mantraiaya, Raipur, Chhattisgarh. Coitector, Mahasamund^ District K4ahasamund (C.G.) Additjonai Collector, Mahasamund, District Mahasamund (C.G.) SubDivisional Officer (Revenue), Saralpati, Mahasamund, District Mahasamund (C.G.) Chandlglram, S/o. Hanu Nayak, Aged about 65 years, of Adarsh Nagar, Basna, Thana and Tehsi! Basna, District Mahasamund (C.G.) Nagar Panchayat, Basna, Through Chief Executive Officer, Nagar Panchayat, Basna, Dlstrict Mahasamund (C.G.) ^ Mr.V.R. Tiwari, iearned counsel for the petitloner. Mr. Yashwant Singh, learned G.A., for respondents 1 to Mr. Vl$hnu Koshta, iearned counsel for respondent No.6. ORAL (passed on 19m January, 2006} To put ihe facts In brief, the potitioner was QJected as president, Nagar PaF-ichayat, in the heEd In the year 2005. •^"L-- ^ His election challenged by way of eiectlon petition before the Eiectlon Tribunal by the sixth respondent herein who is the defeated candidate. That election petition is still pending. In the meanwhJIe, the sixth respondent bejng aggrieved by the caste certificate jssued by the Sub Divtsiona! Officer, Saralpall on OQ/11/2005 certlfying that the petitioner betongs to Backward Class, preferred an appeal to the Additjonal Coilector, Mahasamund and that appeai is also pendlng. When the matter thus, the petltioner has f'ied this wrlt petttion contending that the Addltionat has no jurisdiction to the end only the High Power Scrutiny Committee has the jurisdidion to entertain the appeal. Thls Court while entertalning this writ petition, granted snterim order staying further proceedings before the Additiona! Coltector and that interim has in operation titi now. (2) It is fairly accepted by aii the sides that an appeai iies the certificate issued by the SDO, Saralpajl only to the State ievel High Power Scrutiny Committee and not to the Additiona! CoKector, IVIahasamund, It broyght to my that dyring the pendency of this writ petition, the Addition^! Colfector, Mahasamund himself referred the appeal to the Chlef Secretary, Government of Chhattisaarh. in that view of the matter, 1 dlspose of the writ petition directing the Additjonal Cofiector, Mahasamund to refer the appeal fiied by the petitioner herein to the tevel Hlgh Power Scrutiny Commlttee for decision-makjng. It ,'s further directed that the Efectlon Tribunaj shall await the dedslon of the level Hlgh Power Scrutlny Commjttse for further steps In the Eiection Petitlon, Nocoste. Sd/- Chief Justice ^.