•^- IN THE HIGH COURT OF CHHATriSGARH AT BILASPUR WRIT PETITION N0.^^° OF 2005 PETITIONER Totaram Dhobi, S/o. Nakul/AySSyrt •s ...•••'' .. Sarpanch Gram Panchayat, O ~y^'Ap--''\. :.:.*. , ;, ,'' ../Q^ ...••" Vfflage Khamaria, Bloda Bazar, y .••^:lft-.?-^ ..•••'" District Raipur (C.G.) -^^^- ,^' ' ^RESPONDENTS ^u- G.^^s^ VERSUS 3. 4. The Sta.tc of Chliattisgarh, Through fhe Secretary, Panchayat, Mantralaya, D.K.S. Bhawan, Raipur (C.G.) The Chief Executive Of&cer, Janpad Panchayat, Bilaiga , Distt. Raipur. . The CoUector, Raipur (C.G.) The Registrar Birtfa 8s Death, Raipur, (C.G) WRIT PKTITION UNDER ARTICLE 226/227 OF THE CONSTmj'nON OPTNmA ^vSf -q rq|»<1,ui-nl'H' 1S, fqwi'dy WH^iwvf^e" U)< P MI> $'i-3&/T-«.oS^ "•—"••"••••""" ^F(.200 3n^5TiI?q?(yc|ij<s|^) 3II^?TWR-li<b aaff3n^?i(b*ii<b \ S^ITSR«Bti aiACT 27-10^005. W.P.No.5230of2QQ5, election disqu^lified Panchay^tRaj HeardShriKishore Shri Yashwant Singh, learned G| copy. Learned counsel for the elected as Sarpanch in the made against the petitioner that as suchthepetitioner was (M)oftheChhattisgarh In the enquiry memo dated 2| Panchayat and Social Educa( Bhilaigarh, District Raipur to the that the third child of the counsel for thepetitioner without affording an opportunityj counsel further submits that before the Additiortal Collectoil disqualified on the basis of the Gounsel also submits that the the said applicatiore after petitioner by issuing notice to documents to demonstrate 26.01.2001. In view of the above, the dedde theapplication dated 02.( Bhadijri, leamed counsel for the petitioner and t. Advocate for the State, on advance Gbvt. petitit>ner subrtits <bl4[ri41'1*)l*1dT*tKlcl'<RltSl'( ^aiRwaii^ST (tetitioner submits that the petitioner was held on 22.01.2004. Acomplaintwas his thirdchild was born after 26.01.2001, underthe provisionsof Section 36 y^t Raj and Gram Swaraj Adhiniyam 1993. )|2.04.2005 submitted by the In-charge, (ion Organisation, Janpad Panchayat, ;hief ExecutiveOfRcer, itwas meritioned was born on 26.07.2001. Learned that the enquiry was held ex-parte of hearing to the petitioner. Leamed ^rje Mr. Premlal had filed an application Raipur to declare ttie petitioner as e|nquiry memo dated22.04.2005. Learned Afclditionat Collector be directed to decide an opportunity of hearing to the and the petitioner would submit other the third child was born before orte affoifding htn trtat l^dditional Goflector, 'Raipur is directed to P3.2005. filed by one Prem Lal, S/o Teej SP/FS/2005-20,000 r 'd'cq -qrqiCT«,t»^1<<1''l<»,Rril'Hy^ *ii*ioi ?PW l>f.A30. ^LSB/T^l^ "•"-'—^200 3H^?T q^p (l^f^'d) 3irt?rq»rR-ii<b aaiT3Il$?TOTTO» \t..^ L S^ITSR^lfeT SII^T •1-\ <ni«FCTtniiiinT't"fe'<!l '(Rll(<;l'< ^3I^IT3II^?T Ram Sahu, Village Gopalpur, Tefisil : Bhilajgarh, District Raipur after affording the petitioner an opportunjtyof hearing 'and further permitting the petitioner to produce the documenljs, if any, within a period of four weeks from the date of receipt of copy of present himself before the Additiorlal Collector on 16.11.2005 with all the relevant documents to presenthis his order. The peUtioner is directed to case. In the meantime, status quo in regard tothe statusofthe petition^r, as obtained today be maintained till the disposal ofthe applicationby th^ Additional Collector. In viewoftheforegoing.the t?etition standdisposed of. Consequently, M.W.P. No.4|231 of 2005 and I.A. No.9090 of 2005 stand disposed of. Certified copy as per rules, SatishK.Agnihotri Judge SP^ES/2005-20,000 ^. j^