s ^\ y BEP'OKE THE HON'BLE HIGrH COURT OF CHHATTISGARH AT BILASPUR (C.G.l WRIT PETITION N0. •2'^<% /2006 PETITIONER ^^ ."yVinod Kumar Shukla, aged about 40 years, son of Shri Pila Babu j^ Shulda, resident of vfflage Misda, •^'K^v'.^1' Tah- Nawagarh, Janpad Panchayat J^f^'L.^""" ^^" ^^ RESPONDENTS Janjgir, Distt. Janjgu--Champa (CCr) VERSUS f ^' 1. The Collector, District Janjgir- Champa (Chhattisgarh) 2. The State of Chhattisgarh, through - the Secretary, Department of Panchayat Services and .Rural Development Department, Dau Kalyan Singh Bha-wan, Raipur (Chhattisgarh) 3. Asha Devi, wife of Hiraman Satnami, aged about 21 years, (Sarpanch.), Gram- Pan.chayat Misda, Tah. Nawqagarh, Distt. Jaajgir-Champa (CG) WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA rrvt •*-> XI-HC-78 3n^TqirR-f ^TT 3TTct?T ^?ri^ "^ NT*fCT 9Wlcb 3^'^TPTRra', ®Tn+r]6,fsldiuy .^.i^^.l^^ 200 3Ti^?TT3ra? (iqfgq^r) ??gRKHf?a'3n^?T 8.8.2006 Shri A.K. Shuklo, Adv. for •f'he petitioner. Shri N.K. Agorwal, Dy. Adv( copy. Heard learned counsel for |t-he parties on admission. By the instant petition, Ifie petitioner' has proyed for a direction to respondent No.l to decide the apjilication filed by the petitioner under Section 36 of the Pcnchflyat Raj Avm^ person whose age is 21 years or and the person who is beloiv 21 entitled to contest the election. 13.7.2005 the petitioner filed an of sub-section (iii) of Section 36 iiiiFci'fl-f 4iticfTffteI^t<Ri'(^it ^iSff^irsn^T ©eneralfor respondent Nos.l & 2 on advance fir-om Swarqj Adhiniyam, 1993 (for short 'Adhiniyam, 1993') The case of the petition4r js that in the Panchayat election held on 15.1.2005 respondent No.3 hereiji contested for the post of Sarpanch, Srom Panchayat Misda, Tehsil Hwag^rh, District Janjgir-Champa and she was elected. As per provisions of 5|ection 36 (l)(k) of the Adhiniyam, 1993 any (ibove is only entitled to contest the election years of age at the time of election is not Respondent No.3, at the time of contestir^ the election for the post of Sarp^inch, was below 21 years of age ther-efore, on application (Annexure P-2) under Section 36 (iii) of the ^dhiniyam, 1993 befor^e respondent No.l- Collector", J<inJ9ir-Chafflpa ond the same is pending consider^tion before respondent No.l and he is neither enquiring into the matter nor (^assing any order on the application of the petitioner. Learnsd counsel for the pe^itioner submits that in view of the provisions of the Adhiniyam, 1993 the Collector is duty bound to enauir-e into and pass o<-ders on the apDlication of the petitioner, os P.T.O. XI-HC-78 TSI •^i'iiici'M, aiTflw'is, (sKii'yy y *TTK^I ai*1|cb ^ 200 3T(^?TM^ch (l?^s"<.<T) 3n^r?irR-<i<*i craTsn^Tsbtiitti •^ Roshon/- 't-- BRfTW Bfer sn^r y|ears dectde respondent No.3 herein ot the tim^ election because she was beiow 21 the petitioner submitted that a dirje to enquire into the matter and earliest, to which learned Deputy has no objection. Having heard learned couns41 facts and circumstances of the Champa is directed to decide the with law expeditiously. With the direction aforesaidl. Certified copy as per rules. of election was not eligible to contest the of 090. Therefore, leorned counsel for dir^ection be issued to respondent No.l herein the application of the petitioner at the ^dvocate ©eneralfor respondent No.l and 2 for the parties and having regard to the \case, respondent No.l-Collector, Janjgir- ^pplication of the petitioner in accordance j, the petition stands disposed of. qillfd'fl'l tlWCtTff fSCS[ <R|«K ^srf^irsn^r Sdi- L.C. 3.r">aBo Judge P.T.O.