•N^- HIGH COURTOF JUDICATURECMHATTISGARH:BILASPUR SINGLE BENCH : HON'BLESHRI S.R. NAYAK.C.J. ^ ^ .< ••4 PETITIONER WRIT PETITION N0.1044 OF2006 Prabha Bai Rai W/o Shri Shankar Rai, Aged about 48 years, R/oVillage-Bargava, P.S. & Tehsil -Marwahi Dist-Bilaspur(G.G.) Vs. RESPONDENTS 2. 3. 4. State of Chhattisgarh Through - The Secretary Department of Panchayat D.K.S. Bhawan Raipur, Dist: Raipur (C.G.) The Addl. Collector Pendra Road, Dist :Bilaspur (C.G.) TheCollector Bilaspur(C.G.) The Returning Officer, Janpad Panchayat Marwahi, Dist:Bilaspur(C.G.) ShivPrasad S/o Ayodya Prasad, Aged about 34 years, R/o Village-Baror, Tehsil-Marwahi, Dist. Bilaspur (C.G.) Present: ShriGoutamKhetrapal.leamedcounselforthe petitioner. Shri UtkarshVerma.leamed Dy.G.A. fortheState. (ORAL ORDER) ird (Passedon 3r°March, 2006) This writ petition has to be dismissed for more than one reason. In this writ petition, the petitioner has assailed the election ofthe 5 respondent herein totheoffice of Vice PresidentofJanpad Panchayat.Marwahi onthe ground that the 5 respondent does not belong to Scheduled Caste. The petitioner has hadanopportunitytofileelectionpetitionagainsttheelection of the 5' respondent tothe office of the Vice President, Janpad Panchayat; Marwahi. The petitioner, for the reasons best known to her, did not ^'^S^iWiiSii^StiSyiiSiSSSSSiiiSS- rt-: -» i; challenge the election of the 5 respondentto the office of Vice President, Janpad Panchayat, Marwahi by filing election petition before the Election Tribunal as provided ynder the statute. Afterthe limitation prescribed under the statute to file election petition expired, this writ petition is presented seeking intervention of the Court to nullify the election of ths 5th respondent to theofRce of Vice President, Janpad Panchayat, Marwahion the ground aiready notice above. Another circumstance which weighed with the Court not to interi'ere with this matter is that if the contention riow put-forth before the Court by the petitioner that the 5 respondent does not betong to Scheduled Caste is justified, she ought to have objected to the 5 respondentcontesting for membershipofJanpad Panchayat, Marwahi itself. Admittedly, the petitioner did not object tothe 5th respondent contesting election for membership of Janpad Panchayat, Mawahi. The petitioner raised the present plea only when the 5 respondent contested against the petitioner for the ofRce of Vice President, Janpad Panchayat, Marwahi. It seems to my mind that the petition lacks bona fide. The writ petition is, therefore, dismissed.No costs. Chiefjustice -^-' ^ Av