SENGLE BENC : HQN’BLE $HR§ SR. NA¥AK, CJ. WW? PETiTiGN N3.2?§$ $F 20§3 PETWIGNER Smt. Neera Bai, W/c Am] Yadav, Sarpanch GramPanchayat Pindri (Balcpaf) Stock & Tehsié Saragarh Dismct Raigai'h (CG) ’I . Vers Dtrict Eiectfcn Officer (Pamhayat}/ CoNector Raigarh ‘ 2. col!ector Deputy Raiyh iection Gf§icer (Panchayat)! E ga 3. Returning Officer Panchat Efectie Tchsildar Sarangarh, Biock & Tehsii sarangarh District-Raigarh (95.) Mr. KN. Nande, 1eamed cnse} for the petitioner. Mr. anjay S. Agrawal, team Chhattisgarh. ed Gcvt. Adm, for the state of (Passed on t5 ane 2005) r Against the ‘mconfidence motion’ carried cut against the petttioner vide resotution dated 17l03/‘2006, the petitioner has preierred a representation under Section 21 (4) of the Panchayat Raj Adhibniyam” Coiiector, Raigarh district. The ,. 1$93 (for short ‘the Adhiniyam’) to the Coiiector granted stay on 10/042006. When the matter stood thus, there was a proposal to conduct election for the office of the Sarpahch of the Gram Penchayat, Pendri. The peititioner moved an appiicaittoh before the Eiection Officer to stay the eiection for the office of The said ‘appiication was rejected by the vide ordet dated 29/O5i2006 (Annexute-Pft). (2) in the first instance, it needs to be noticed that the petitionez“ ought to have moved an appiicatton before the Coiiector, Raigerh for the was not matte before the Coiiectot, the Sarpanch of the Gram Panchayat, Pendri. Etectaoa Officer rettef. Such an application, admittedly, H n su is ya n RESPGNDENTS Fresem: ou S ORAL ORDER !“ J @% Raigarh. Secondty, unless the Ccllector, RaEgarh sets aside the ‘no confidence motion‘ carried gut against the petitioner in pursuance of the representation made by the petitioner under Section 21(4) of the Adniniyam, there is no iegei bar for hoiding eiection for the office ef the Sarpanch at Gram Panchayat, Pendri. i do not find any faiiure of justice aiso. ifrthe petitioner succeeds before the Coiiector, Raigarh in parsuance of his representatien made under Section 21(4) of the Adhiniyem, the eieotion of any person for the office of the Sarpanoh of the Gram Panchayat in pursuance of the no confidence motion earned out against the petitioner wouid taii to the ground and the petitioner wouioi be entitied to continue in the office as Sarpanch. Looking from any angie, this is not a fit case to invoke the discretionary jurisdiction of this Court under Articie 226 of the Constitution. The writ petition is, therefore, dismissed. Sdl- Chief Justice