^t^cr" fflGH COtIRT OF CHHATTISGARH AT BILASPVR Writ No. 7207 of2007 RESPONDENTS Aajuram Vaiishe Son of Sliri Dukalurain Vanshe, aged about 34 years, By Caste Satnami, Sarpanch, Gram Paiichayat Kusmiuid, Block A-rang, District Raipur(CG). VERSUS 1. Tlie ClAattisgarh State Election Conumssion, Raipur, throu^i Its Secretary, Raipur (CG). 2. The District Election Officer (Panchayat Raipur, (CG)). 3. The Retuniing OfBcer (Panchayat Election), Arang, Raipur (Tahsildar) Arang, District Raipur(CG). 4. The Director Panchayat, Chhattisgarh, Raipur (CG). 5. The Additional CoUector, Raipiu-, District Raipiu-(CG). 6. The Sub Divisional Officer (Revenue), Raipur, DistrictRaip.!r(CG). 7. Harilal Sonkar son of Shri Sadaram SoiAar, Resident of village Kusmund, Block Aran^ DistrictRaipur(CG). (WKIT PETmON UNDER ARTICLE 226 OF THE CONSTTTLTION OF INDIA) (SB: Hon'Me Mr. Sateh K. Agmhobj^!.) Present : Shri Pravin Kiunar Tulsyan, Advocate for the petitioner. Shri AS. Kachhwaha, Govenmient Advocate forfhe State. y^ ORALORDER (Passed on tlris 05^ ofDecember, 2007) 1. Leamed couiise! appeariiig for the petitioner subiinits thaf during the period when he was workiiig as Sarpanch of Grani Paiichayat Kusniund, Block Araiig, District Raipur, one Shri Harilal Soiikar iiiade a complaiiit regarding irregularities iii &iancia! dealing, to the Sub Divisional Officer-cum- Prescribed autliority, to cancel the election ofthe petitioner as Sarpanch, iii exereise of power under Section 40 of the Chhattisgarh Paiichayat Raj Adliiiiiyam, 1993. The Sub Divisional Ofiicer allowed the appiicatioii, filed by Sliri Harilal Sonkar and removed tlie petitioner from tlie post of Saq^andi, on 16.07.2007 (Aimexiire.P/1). 2. Bemg aggrieved, the petitioner preferred aii appeal before the Additional Collector, Raipur. The Additional Collector, Raipur, after hearing the parties, disiiiiss tfie appeal confiniiing the fuidings aiid the order passed by Sub Divisional Qfficer, on 05. 10.2007 (Aimexure P/2). 3. The petitioner, fiirther being aggrieved, moved the Director, Panchayat in appeal No. 15/B-l21/07-08. The Director, Fanchayat after hearing, graiited stay of flie order dated 05.10.2007, passed by tfae Additiona! Coilector, Raipir, which co"f<rmed the order.passed by the Sub Divisional QfBcer. Thereafter, accordiiig to tlie petitioner, the petitioaer resumed the office of Sarpanch and has been continuing as Saipaiich. During the period when flie petitioiier has been continuing as Saq?aiicli, the Election Coinmission has notified election forthe post ofSarpandi, wliich is illegal. 4. Be that as it may, siiice the election schedule has already been notified, I do not think it appropriate to interfere with the election schedule. However.in view ofthe facts and circuuistances as stated above, the petitioner is graiited liberty to challenge the election on the ground stated above, after ekction is over. 5. Ia view ofthe subsequent development, i.e. after order dated 22.11.2007, passed by the Director, Panchayat, »t is desirable that the Director, Panchayat should consider the d'spirtes, as early ag possible, preferably witliiii a period oftwo weeks. 6. In view of flie ibregomg, tfae writ petition is disposed of with above directioiis, No order asto costs. . Sd/- 1 Sarish K.Agnihotri i ! Judge | Salm