H1GH COURT OF CHHATTISGARM,AT_BtLASPUR WR!T PETiTiON s'C) N0. 2864 of2007 Petitioner Bahartu Singh Kanwar S/o Shri Garhan Singh Kanwar, aged about 50 years, Resident of Village Nawapara, Tahsii Kartaia, District Korba (C.G.) Versys 1. 2. 3. State of Chhattisgarh, through Principal Secretary, Department of Panchayat & Gramin Vikas, Mantralaya - D.K.S. Bhawan, Raipur (C.G.) Sub Divisionai Officer (Revenue), Korba, Tahsil and District Korba (C.G.) Jeevan Lai Mannewar S/o Shri Baigaram, Aged about 30 years, Resident of Viilage Amaldiha, Tahsil Kartala, District Korba (C.G.) Ram Singh Kanwar, S/o Bhagau, aged about 45 years, Resident of Vil!age Amaldiha, Tahsil Kartala, District Korba (C.G.) v^- WRIT PETITION UNDERARTICLE 226/227 OF THE CONSTITUTiON OF Single Bench :- Hon'ble Shri Justice Satish K. Agnihotri Mr. Gagendra Sahu, Advocate forthe Petitioner. Mr. Yashwant Singh Thakur, Govt. Advocate for the respondents No. 1 and 2/State. (Passed o" this S day of 1. The issue with regard to the election of Sarpanch of Village Panchayat, Amaldiha was considered by the Sub Divisionai Officer, Korba (Specified Officer), whereby Jeevan Lal Mannewar/respondent No. 3 was deciared disqualified on the ground that the post of Sarpanch of Vililage Panchayat, Amaidiha, was reserved for Scheduled Tribe catsgory, whereas the respondent No. 3 belongs to Scheduled Caste category. The matter was brought to this Court by a writ petition No. 4398/2005, wherein §^^^^^^®^^^^®SS£aa^a58e iftwiwf UaagaiwuBi * this Court, after having considered contentions of all the parties, passed the following order:- "Therefore, this order is iiable to be set aside. Accordingly, the writ petition is aliowed and the impugned order dated 12.7.2005 is quashed. The Specified Officer is directed to proceed with the triai ofthe election petition, first he has to hear on the appiication fiied by the petitioner herein and respondent No. 2 herein under Order 7 Rule 11 of the C.P.C. and if he finds that the application is not maintainabie, then he will 'have to give right to the pefitioner herein to file reply of the eiection petition and thereafter, frame issues on the point where the partles are at variance in their pleadings and then allow the parties to adduce their evidence." 2. It appears that the matter is stil! pending consideration before the Sub Divisiona] Officer, Korba. The petitioner, who was the contesting candidate for election, has filed this petition seeking relief to remove the respondent No. 3 from the post of Sarpanch and appoint him as Sarpanch during pendency of the election petition before the Sub Divisional Officer, Korba. 3. This petitlorr is vague, frivolous and tantamounts to misuse of judiciai process when the dispute is stiil under consideration before the Sub Divisional Officer, Korba. Thus, this petition is not maintainable. 4. The writ petitlon is accordingly dismissed summarily. Sd/- Satish K. Agnihotri Judge B/-