HIGH COURT OF C 8.3. HON’BLE SHRI ‘ Writ Petitic PETITIONER Omnrakash Jaiswal. S/o‘ Murlidhax Jaiswal AgeEl about 4O years, RXO. Villagé Ch} kapur, Gram Pauc‘uayat, Chhcrkapur, Jan ad Panchayat, Palari, District Raipur (C r G VERSUS RESPONDENTS 11 Sta e of Chhattisqarh‘ Through : Sgcretarv Pan havat :35 Gramin Vikas Vibhag: D.K.S: Bh' wan, Rajpur, District Raipur (CG) 2} Col ctor, Raipur District Raipur {CG} Collector, Baloda Bazar. District 4] Sec etary‘ Gram Panchavat Chh€rkapun d Panchayat Palari; District Raipur (Ch attiSgarh) 51 Jan ad Panchayat Palari, Through : Chief Exe utive Officer, Palari, District Raipur (CG) b] Chi f Exccutive Officer, Janpad Panchayat Pal ria District Raipur (CG] Ram Khandewar, Panch. Gram hayat Chhrkapur, Janpad Panchayat Pal xi, District Raipur (CG) Sonwami, Sarpanch, Gram Pa chayat Chhrkapur, Janpad Panchayat Pal ri, District Raipur (CG) 9] Pi m Sahu, Presidcnt. Janpad Paiichayat Pa i, Dist Raipur (CG) "IHATTISGARH AT BILASPUR IUSTICE DHIRENDRA MISHRA en (C) No. 185 of 2098 a P c l a l v rict HW,W,W Wm IFL 200 ”@Wnww (%R?) %E WWWiwm %aifatl3i1%¥t mmm 10/01/2008 Shri Manoj Paranjpc , counS€1 for tbs patitioner. Shu' Sumesh Bajaj, Stam/msnondents No. 1 tc 3. Govt. Advocate for the Heard. The petitioner-Upsaupanch of Gram Panchayat-Chherkapur, Distt. Raipur currently i11—c11arge of Panchayat as The duly elected yat is not traceable since 9. 1.2007, has order of Annexure P/2 whereby the ondeut No. 6 herein, has directed the said Gram Panchayat to C 11vene a meeting of Panchas to elect the substitute Salpaneh and, '1 pursuance thereof, respondent No, 7 as been elected Sarpahch and the respondent No. 6/C.E.O. 1as directed the petitioner to hand over charge of Sarpanch to ne 1y elected Sal‘panch ie. respondent No. It is submitted by 1 alued counsel for the petitioner that the been made under Sub-se Evurn Gram Swaraj Ad e w 1 h‘ WW,W,W and in tha absenc€ of vacancy proce€dings under Section 38 of the Act of 1993 for electing substitute Salpanch could not be conducted. He has also avel red that he has alreadv filed a revision peTition under Section 91 of the Act of 1993, which is pending in the Court of respondent No. E/ Upper Collector, Baloda Bazar, Disttt Raipur. He further submits that the respondent No. 6/ C.E.O. has requested the respondent .2/Collector vide Annexure P/3 to declare the vacancy of Sa nch of Gram Panchayat Chherkapur. However, the respondent No.2/Collector has not decided the revision or the application f the respondent No. 6/ C.E.O. till date and the same axe still pend' 1g them. Having heard leaxn counsel for the petitioner, having perused the petition and e documents annexed therewith. the instant petition is disposed of with a direction to the respondent No. 3fUpper Collector to d'spose of the revision preferred by the petitioner against the order of Annexuie P] 2 and to also dispose of the application dated 23.1 .2007 of the respondent No. 6/C.E.O. of Annexure P]3 within a eriod of one month from the date of receipt/production of copy of this order in accordance with law after affording opportunity f hearing to the parties. However, in the meanwhile, it is directe that the order of Annexure P/8 dated 26.12.2007 issued by the espondent No. 6/C.E.O. shall not be given effect to. ‘2 . ‘Sd/- ’ Dhirendra Mis'i'irai‘ Judge 0 l a e 1 W m t...'FR 200 Wm (W) mwm Wm Wm §wimm ,3“ I