WRIT PETIT10N ( C) N0.165/2010 Ramesh Sharma, S/o Keju Ram Sharma, Aged about 34 years, R/o Village Kesla, Post Kharra, District Raipur (CG) 1 The State of Chhattisgarh, , Through: The Secretary, Panchayat, D.K.S. Bhawan, Mantralaya, Raipur (C.G.) 2 The Chhattisgarh State Election Commission, Near D.K.S. Bhawan, Mantralaya, Raipur (CG) 3 The Returning Officer/Tahsildar, Tahsil -Tilda, District Raipur (CG) Shri S.C. Verma, Counsel forthe petitioner. Shri Arun Sao, Government Advocate for the State/ respondent No.1. Heard on admission. Petitioner -Ramesh Sharma has fiied this petition for the following reliefs: g "a.That, this Hon'ble Court may be kind enough in calling the entire record related with the case of the petitioner. b. That, this Hon'ble Court may be kind enough in staying effect and operation of the Annexure P/1. c. That, this Hon'ble Court may be kind enough in issuing a writ of mandamus, certiorari directing the 'R!T PETITION ( C ) N0.165/2010 respondents to give an opportunity to contest the election to the petitioner for the post of Sarpanch. d. That, this Hon'ble Court may be kind enough in declaring the action of the Annexure P/1 as bad in law. e. That, this Hon'ble Court may be kind enough in declaring the provisions of Section 17 of the Adhiniyam as unconstitutional. (Deieted as per f. Any other relief as this Hon'ble Court may deem fit in the fact and circumstances of the case may also kindly be given to the petitioner in the interest of justice by the Hon'bie Court." The petitioner, thus, in substance is praying for quashing of the order- Annexure P/1, passed by the Returning Officer/respondent No.3, whereby, the nomination paper of the petitioner for contesting the election for the post of Sarpanch has been dismissed. In the opinion ofthis Court, in view of the provisions of Rule 21 (c) Qf the Chhattisgarh Panchayats (Etection Petitions, Corrupt Practices and Disquaiification for Membership) Rules, 1995, the writ petition would not be maintainabte, as the improper rejection ofthe nomination paper has been set out as a ground for declaring the election to be void. !n view of the above, I decline to entertain thls writ petition, as the same would not be maintainable when the subject matter is that of election petition. Accordingiy, the writ petition is .dismissed, as not maintainable. However, the petitioner shall be at liberty to fite an Election Petition under the relevant provisions of the Panchayat Raj Adhiniyam and the Rules. , Sd/- Sunil Kumar Sinha Judge