c..-.^t) '\..i HIGH COURT OF CHHATTISGARH, BILASPUR PETITIONER RESPONDENTS ^.1 1 N i tw»m, •<p- W. P (Cl No. 398 of 2010 Smt. Nankun Bai, W/o Shri Chatur Singh Kunwar, aged about 49 years, resident of village Badadarha, Occupation House-wife, Tahsil Dabhra, Distt. Janjgir Champa. Chhattisgarh Vs. 1 State of Chhattisgarh, Through Secretary Department of Panchayat & Social Welfare/DKS Bhawan, Raipur 2 State Election Commission, Chhattisgarh, Raipur (C.G). 3 The Collector, Distt. Janjgir Champa (C.G). 4 The Supdt. Of Police, Janjgir Champa, Distt. Janjgir Champa (C.G). 5. The Sub-Divisional Officer (Revenue), Dabhra, Distt. Janjgir Champa (C.G). 6. Shri K.L. Sauri, Tahsildar-cum- Returning Officer (Panchayat), Dabhra, Tahsil Dabhra, Distt. Janjgir Champa (C.G). 7. Roopram Rathia, Secretary, Gram Panchayat, Badadarha, Distt. Janjgir Champa (C.G). 8. Smt. Dokri Bai Rathia, wife of Gangaram Rathiya, aged about 46 years, r/o village Badadarha, Tahsil Dabhra, Distt. Janjgir Champa (C.G). WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance: Mr. Akhilesh Kumar, counsel for the petitioner. Mr. A. S. Kachhawaha, Deputy Advocate General, for the State/respondents 1, 3, 4 8&5on advance copy. ORAL ORDER (28.01.2010) W.PfONo.398./2010 \"Ky "7 SUNIL KUMAR SINHA. J. Heard on admission. '<X1 ^"n' Petitioner Smt. Nankun Bai has filed this petition for the following reliefs: "10. RELIEF(Sl SOUGHT: In view of the facts narrated and grounds urged in the petition, the petitioner prays for the following relief(s) : (i) This Hon'ble Court may kindly be pleased to call for the records of the election to Ward No.7 and Ward No.8 of village Badadarha, Tahsil Dabhra, Distt. Janjgir Champa for kind perusal of this Hon'ble Court. (ii) This Hon'ble Court may kindly be pleased to direct the respondents higher Authorities to hold an enquiry into the state of affairs in relation to the process of election undertaken by the respondent no.6 for Ward No.7 of village Badadarha and initiate appropriate criminal proceedings against all concerned. (iii) This Hon'ble Court further may kindly be pleased to quash the proceedings of election hitherto taken in respect of Ward no.7 of village Badadarha, Gram Panchayat Badadarha, Tahsil Dabhra, District Janjgir Champa and may be pleased to direct the concerned Respondent to hold fresh election in respect of Ward No.7 of village Badadarha. (iv) This Hon'ble Court may further be pleased to pass any further order/direction or issue any further writ/order/direction which is deemed fit and proper in the facts and circumstances of the case includin^ a direction for payment of cost of this petition to the opposite party.M Thus, the petitioner in substance is praying for quashment of the proceedings of election which have taken place in respect of Ward No.7 of Gram Panchayat Badadarha of Tahsil Dabhra, Distt. Janjgir Champa. In the opinion of this Court, a petition challenging the proceedings of election which is likely to affect the election of a candidate for a particular ward woul^l not be maintainable in view '^ Q W.P.fQNo. 398/2010 of the provisions ofArticle 243(0) ofthe Constitution as also section 122 of the Panchayat Raj Adhiniyam read with the provisions ofvarious rules contained in C.G. Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995, especially Rules 21 & 22. In view of the above, I am not inclined to entertain this writ petition. Accordingly, W.P(C).No. 398/2010 filed for the above relief(s) is dismissed as not maintainable. However, the petitioner would be at liberty to file appropriate petition at the appropriate stage before the appropriate authority in accordance with law. Sd/- Sunil Kumar Sinha Judge w