&7 Qg IN Tl-E HIGH COURT OF CH‘HA‘I‘TI3GARH AT BILASPUR WRIT RTITION no. QW$0F 2003 f X 3 Shri eghnath VSamai Kaiwart§a Lal Waiwartya $on of aged about 35 year$, $arpanch, Village ?anchayat i‘xoud, \Janpad Panchayat Akaltara, residerit of village .. Troud, Distt _ Janjgir - Champa ( C G )2‘ mmmomg State of,chhattisgarh thmugh .. Secretary, ?anchayat ’ & Rural Develop; ment, DKs .Bhavan, Raipur'( c G ). Collector, Janjgir S. Champa < CaG H 1 $ub Divisional Officer, Janjgir _ Champa ( C'G ). Chief Exewtive Officer, Janpad Panchayati. Akaltara ‘ Dist _ Janjgir _. Champa ( C G ). Secretary. Village Parieha— '1 yat Tmud, Janpad Fan- ‘ chayat Nialtara. Distt .‘.7 Janjgir .. Champa ( c G y; wRIT mTxTIoN mm ARTIcuaa 226/221wfbF THE: c9§§TITUTxoN f «A afgq‘? f ’ é\ a® OF INDIA 4 DB: Hon’ble Jmtice K. H. I. K t Hon’ble Justice L. C. Bhad 15/ 10/2003 Petih'oner by Shn' V. K. Pand Respondents No. l, 2 and (j Advocate General. By this Writ petition ul ‘Consu'tun‘on of India the constitutional validity and the Chhattisgarh Panchayat Raj Av (for short ‘the Adhiniyam; which eligible to be an omce-beaxer of ey, Advocate. my Shn' Sunil Sinha, Additional Lder Arlicles 226/227 of the t'mqner has challenged the s of Seou‘on 36 (l)(m) of the Gmm ,Swaraj Adhim'yam, 1993 s down that no person shall be Panchayat who has more than two Aiving children one of whom is born on or after 26th day of January, 2001. The challenge to e above clause does not survive in view ofthe law laid down by the Hon’ble Apex Court in the case of Javed and other: Vs. t te of uyana'nnd other: reported in 2003 AIR SCW 3892 and also in view of the order passed by this St we of/ in Writ Petition No. 463 of zomek/b “WE 't” XI-HC-22 ' WM‘ WW émwfaqm The petitioner has also challenged the cider of mmoval passed by the Colkctor, Janjgir Chax mpa dated 4&1 February 2003. The petitioner has ?$cacious altcm ative remedy to Ea an appeal befoxe the Director of Panchayat on the factual grounds against the order ‘ passed by the Collector. ‘ In View of the above the:w is no force in the petition of the petitioner, the same is liable However, the petitioner shall be dismissed and it is dismissed. Director of PanchaYaI against e order dawd 4th February, 2003 by naiiiied to continue as om beater which he has been declared di of the Village Panchayat Tami, Tehsil— Akaltara, Disuict-Janjgir / be entitled to the bench! of the Champa. The petitioner will limitation for the time spent by him in litigating heroic this Conn in this wn't proceeding. L a Sdl- Chief Jusu‘ce at liberty to iile appeal before ihe Sid/- LCHBHADQO Judge [nieéwa The parh’es are enu‘tled for certihed copy of this order.