HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C! N0. 2966/20Q8 WRIT PETITION UNDER ARTICLE 226 OF THE CON3TITUTION OF INDIA PETITIONER Kan Charan Gupta, S/o Late Shx‘i Haldhar Gu aged about 48 years, (Removed Sarp ch of Gmm Panchayat Jakcla, R/o Gram Panchayat Jakela, Tehsil 8s District Raig h(CG) Versus RESPONDENTS 1. State f Chhattisgarh, through the Sccnetary, nt ‘of Panchayat, D.K.S. Bhawan, a, Raipur (CG) 2. Dimcto (Panchayat), Chhattisgarh, Raipur(CG) 3. Chha sgarh State Election Commissioner, throu .its Chief Electoral 0$cer, D.K.S. Bhaw , Manualaya, Raipnr (CG) 4. Collect r, Raigarh; Distu‘ct, Raigarh (CG) 5. Distric Election O$cer (Panchayat), Raigarh, Distric Raigarh (CG) 6. Sub ivisional OEcer/Prescribed Authority, Raigar , District Raigarh (CG) OR L ORDER - 3L1—06—2008 Dhirendra Mishra, J. Mr. B.D. Guru, counsel 1hr the petitioner. Mr. Arlm Sao Govt. Advocate for the State. Heald on LA. Nos.3 8a 4, applicau‘ons for vacation hearing 8r. urgent hearing, respectively. Applications ale allowed [ma wua ja. h p , c y ' r I g Also heaxd on LA. No. L certificd copies of the no@cah‘onlorders. The' application is allow ed and the petitioner is exempted Mm hljng cei tilled copies of the notliication/orders. Heard. The petitioner has impl 17.4.2008 passed by the Direc‘ 89/07-08, whexeby the applic against the oxder of Addih'on rejected. The grievance of the peu' of Gram Panchayat Jakela, T fmm the said post under Sech‘ Adhiniyam, 1993. He preferred Additional Collector, which wa revision peiin'on against the order of the Additional Collector and also moved an application for staying the eEect and operation of the order passed by both the Courts below. However, the stay application was also rejected. Mr. B.D. Guru, proceedings for filling-up the petitioner has been initiated 2008 and therefore, election p: Panchayat Jakela, be stayed. , applicau‘on for exemption horn nling tioner is that he was elected as Sarpanch ah. £5. Distt. Raigarh. He was removed on 4O of the Chhattisgarh Panchayat Raj an appeal against his removal before the is also rejected. ’I‘hereaiter, he preferred 'ts that in the meanwhile, election sub vacancy caused due to removal of the and the elecn'on is fixed for 15th June, vocess for electing the Sarpanch of Gram [dew .gned the order of Annexure P-2, ated Dr, Panchayat in Revision Case No.40/A— ation of the petitioner for grant of stay a1 Collector, dated 6.9.2007, has been d mmmm gag: WW‘§WW QKWW Laanled counsel for the State submits/that thc result of the 'clecu'on being conducted shall be subject to the outcome of the revision Esd by the pciitioner bsfom the Dimctor, Panchayat. Accordingly, this petition is disposed of with an observation that the ontcome of the election being held for electing Sarpanch of Gmm Panchayat— Jakela, shall be subject to the outcome of mision uled by the petitioner before the Dixecto r, Panchayat, State of Chhattisgarh. Consequently, I.A. No.2 also stand disposed of. I [k/V /‘ N/ n x, sdl Mashrw \‘Bhiren‘l‘a Judge b [11%W