Chattisgarh High Court
Mrs Babli Sahu vs State Of Chhattisgarh on 18 July, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 379 of 2022
Mrs. Babli Sahu wife of Kishun Sahu, aged about 28 year, Sarpanch,
Gram Panchayat Semarkona, Resident of village Semarkona, Post
Office Chhattan, Block Mungeli, District Mungeli, Chhattisgarh
---- Appellant
Versus
1. State of Chhattisgarh through its Secretary, Department of Panchayat
and Rural Development, Chhattisgarh Rajya Mantralaya, PS Mandir
Hasaud, Naya-Raipur, District Raipur, Chhattisgarh
2. The Chief Executive Officer, Janpad Panchayat, Mungeli, District
Mungeli, Chhattisgarh.
---- Respondents
(Cause Title taken from Case Information System)
For Appellant : Mr. Arvind Sinha, Advocate.
For Respondent No. 1 : Ms. Astha Shukla, Government Advocate.
Hon'ble Mr. Arup Kumar Goswami, Chief Justice
Hon'ble Mr. Parth Prateem Sahu, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
18/07/2022
Heard Mr. Arvind Sinha, learned counsel, appearing for the
appellant. Also heard Ms. Astha Shukla, learned Government Advocate,
appearing for the respondent No. 1.
2. This appeal is presented against an order dated 22.06.2022,
passed by the learned Single Judge in WPC No. 2456/2022, whereby the
learned Single Judge disposed of the writ petition observing as under:
"1. The petitioner in the present writ petition seeks for a
direction to the respondents for declaring that the
petitioner is the candidate who is authorized to
discharge the duty of Sarpanch in-terms of the order of
the Division Bench of this Court in Writ Appeal i.e. W.A.
No. 72/2022 decided on 25.04.2022, as also the order of
the Hon'ble Supreme Court in SLP No. 9169 of 2022
dated 17.05.2022.
2. At the outset, this Court is of the opinion that since the
matter is already seized by the Hon'ble Supreme Court
in the aforesaid SLP and there is an interim order
passed by the Hon'ble Supreme Court. Hence, any
further relief sought for by the petitioner would only have
to be by way of clarification to the order dated
17.05.2022 and which can only be given by the Hon'ble
Supreme Court. It would not be proper for this Court at
this juncture to exercise its writ jurisdiction so far as
deciding the issue as to who was occupying the post of
Sarpanch on the date when the matter was taken up by
the Supreme Court on 17.05.2022.
3. Reserving the right of the petitioner to approach the
Hon'ble Supreme Court in this regard, the present writ
petition at this juncture stands disposed of."
3. The appellant was declared elected in an election held on
28.01.2020 as Sarpanch of Gram Panchayat, Semarkona, District
Mungeli and a certificate of election was issued on 30.01.2020. There
was a difference of only one vote in respect of both the appellant and the
other contesting candidate, Dharmin Bai Kashyap. Dharmin Bai Kashyap
filed an election petition before the Election Tribunal for recounting which
was registered as Case No. 02/A-89(21)/2019-2020. The said election
petition was allowed on 20.12.2021 and recounting of votes was ordered.
Challenging the said order, a writ petition came to be filed by the present
appellant, registered as WPC No. 5548/2021. The said petition was
disposed of as infructuous as recounting had already taken place on
31.12.2021. Another writ petition, being WPC No. 9/2022 was filed by the
present appellant challenging the result of the election as well as the
order of recounting. The said writ petition also came to be dismissed as
against which the present appellant preferred WA No. 72/2022. The said
writ appeal was allowed on 25.04.2022 setting aside the order of the
learned Single Judge dated 06.01.2022 passed in WPC No.9/2022 and
consequently, the order of the Sub Divisional Officer (Revenue) dated
20.12.2021 (order directing recount) and the result of recounting order
dated 31.12.2021 were also set aside. Against the aforesaid judgment
dated 25.04.2022 passed in WA No. 72/2022, as noted by the learned
Single Judge, a Special Leave Petition being SLP(C) No. 9169/2022 was
filed by Dharmin Bai Kashyap and the Hon'ble Supreme Court, by order
dated 17.05.2022, while issuing notice, had observed as follows:
"In the meantime, whoever is occupying the post of
Sarpanch will not be displaced."
4. Relying on the statement made in paragraph 8 of the writ appeal
as also at paragraph 8.7 of the writ petition, it is submitted by Mr. Sinha
that having regard to the interim order of the Hon'ble Supreme Court, an
observation of this Court is required as to who is occupying the post of
Sarpanch.
5. When the matter is pending consideration before the Hon'ble
Supreme Court, we are also of the considered opinion, as opined by the
learned Single Judge, that it will not be just, proper and appropriate to
exercise jurisdiction under Article 226 of the Constitution of India.
6. Resultantly, the writ appeal is dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (Parth Prateem Sahu)
CHIEF JUSTICE JUDGE
Amit
