!S ei..f- iR.P^^.y a IT PETSTION N0.4-24^-of 2005 '' Smt. Savitri Bai, W/o Balram Jharia, Aged about _^9_ years, R/o Gram Panchayat Samnapur, Block Development Kawardha, Tehsil & District Kabirdham (C.G.). ^>;-^' <^'<^p'..--' Y!\.'.'" ,..••" "°lly:""" .^^" 1. ' Election Officer/Presiding Authority, Gram Panchayat Samnapur, Block Development Kawardha, Tehsil & District Kabirdham (C.G.). 2.f Santosh Patel, S/o Shri Premlal, -^ Eiected Sarpanch, Gram Panchayat l' -y'^ °) ^ ^^ Samnapur, Block Development Kawardha, - Tehsil & District Kabirdham (C.G.). 3. Premlal Patel, S/o Biharl Lal, Aged about.45 years, Elected Panch. 5. /B. ^ ^ Dilip Patel, S/o Raghunath Aged about 19 years, Elected Panch. lohara Bai Patel, W/'o Dhiraji Patel, Aged about 45 years, Etected Psnch. Sidhram Patel, W/o Goku! Patel, Aged about 40 years, Elected Panch. •' 7. Shyamchandra Patel, S/o Vishnu Aged ab.out 35 years, Elected Panch. ' 8. Anau, S/o Jethu Patel, Aged about 50 years, Elected Panch. 9. Laxmin, VV/o Jaysingh, Aged about 57 years, Elected Panch. 10. Chamru, S/o Raruha Patel, Aged about 55 years, Elected Panch. 1» /11 /12. '13^ 14. 17 18 '-i^'t,'s^s 20 )/t t^ Khorjharin Bai, W/o l^s»^_ Das Manikpuri, Aged about 60 years, Elected Panch. Bhuwan, S/o Bhaghel, Aged about 50 years, Elected Panch. Sukli Bai, W/o Shiv Dhurve, Aged about 31 years, Elected Panch. •(Respondents No. 3 to 13 : R/o. .Gram Panchayat Samnapur, Block Development Kav/ardha, Tehsil & District Kabirdham (C.G.).) IVIelan Kumar, S/o Dhuleshwar Jaiswal, Aged about 27 years, Elected Panch. t^ Kajla, W/o %_^jj_ Jaiswal, Aged about 40 years, Elected Panch. r Ramkaii, W/o ^^_t_ Jaiswal, Aged about 28 years, Eiected Panch. Bisnath, S/o f_!j2u___ Patel, Aged about 35 years, Elected Panch. Rajendra, S/o Bagela, Aged about 38 years, Eiected Panch. v^ iudhari, S/o ^-ka—Patel, Aged about 30 years. Respondents No. 14 to 19 : R/o. Viilage Motiyari, Gram Panchayat Samnapur, Block Bei^etejs^ft&Bt Kawardha, Tehsil & District Kabirdham (C.G.).)' (£V Sub Divisional Officer. K, (CG). ^2j£. UNDER ARTICLE/227 OF THE ^ ^! *1i*l«lSFTTq» <dioq'<<|<j|tt'q,wx?l'<1<IS, IqCTmyt .^..•.f.:...^..^..^......... 3II^5T iRq? (^4ij6|4) W^200^ 3TI^?I<li(R-<i<h ?CTaD^^Tri>iict> tpl<<f'n<ni ii*iCTl'^"ls'<l xf'Jit^it il?a)Rl*l3li^ST Shri Dinesh R.K.Tiv.gri, :eamed counsel for the Detitioner. Heard on admission.' The petitioner h'as filed the Constltution of India 21.07.2005 and by which a d election he!d for Grarn jthe instant petition under Article 226/227 of adainst the order or Annexure P/2 dated idaration was sought to the effect that the Samnapur be deciared against the law ana' election petition as presentecl Tribunal (hereinafter referred the form it was presented, ho'si) bythe Tribunai wthout affordii| arid further 'without affordlng a| petition and thus for the abo') against the principte ofnatural) Learned eounse! for jrie'./ance of th e petition er bef{ concerned Panch'ayat passed| dated 25.11.2004 resolvlng t| reserved Panchayat as no pej tsrritoty. This resolution waij resoiution; the reservation of| prayer of the petitioner in thj mat the Petitlon nable in passed ler submifs that it is byths petitioner before the o as 'the Tribunal') was'not mai tever; the impugnsd ord.er has b< ig an opportunity of hearing to the iy opportunity to the petitioner to amsnd the 'e reasons, the impugned order is passed justice and it deseives to be quashed. She petitioner further submits that the >re the Tribuna! '«vasthat Gram Sabha ofthe. a resolution in the meeting of Gram Sabha lat the Panchayat should not be deciarsd •son of the Scheduled Caste resides in that contraiv to law and on the basis of this the Gram Panchayat was amended. The ion v'/as that ths said Grarn SP/FS/2005-20,000^ T»nflBt»Mam* Ni^di^'n^ vj-Di) "yi^ilri^, 8>-al<M*is, ftrtKiat .^...^:..^<:.^..... L ""^Tf^IW W1WS J y^' an^sT tra?p (yitgqcg) ^200 s- Panchayat should be deciared Panchayat should be declared rfesewea and the election conducted for V. (oid. The learned Tribunal graund that She resen/ation of c the domain of election petitior adjudicate such dispute. h^s rejected the election petition on the particular Panchayat does not fal! within and the Tribuna! has no iurisdiction to counse After hearing learned that the .prayer made by the grounc-a raised in the election pj enumerated in Section 21 ofl Petitions, Corrupt Practices an^l 1995 and as such no interfer4nce jurisdiction and accordingly, the| cbioiri'l'n'i fllwV^'i^St '(Rt'l^K ^)3rf^T3II^?T for the petitioner, 1 am of the opinion petitioner in the instant Detition and the itition do not constitute anyofthe grounds the Chhattisgarh Panchayats (Election Disqualification for Membership ) Rules is calied for in the exercise of writ instant petition is dismissed. - -- \^rt SP/1:S/2( ^.^ •'°' ' !^'