Smt. Chandrakiran Patel vs State Of Chhattisgarh
2023 Latest Caselaw 156 Chatt

                                     -1-



                                                                   NAFR
           HIGH COURT OF CHHATTISGARH AT BILASPUR
                WRIT PETITION (CIVIL) NO. 127 OF 2023

    Smt. Chandrakiran Patel, W/o Hemant Patel, aged about 35
years, R/o Village & Post Loharsi, Teshil Pamgarh, District Janjgir-
Champa (C.G.)
                                                     ... Petitioner
                             versus
1.    State of Chhattisgarh, through: the Secretary, Panchayat and
Rural Development Department, Government of Chhattisgarh,
Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur (C.G.)
2.    Chhattisgarh State Election Commission, through: the
Secretary, Chhattisgarh State Election Commission, Nirvachan
Bhawan, Sector-19, North Block, Naya Raipur, Atal Nagar, District
Raipur (C.G.)
3.    Collector/District Election Officer (Panchayat), District Janjgir-
Champa (C.G.)
4.    Tahsildar, Pamgarh/Returning Officer (Panchayat), Janpad
Panchayat Pamgarh, District Janjgir-Champa (C.G.)
5.    Smt. Kavita Narendra Tiwari, W/o Shri Narendra Tiwari, R/o
Village & Post Loharsi, Tehsil Pamgarh, District Janjgir-Champa
(C.G.)
                                                      ... Respondents

For Petitioner :

Mr. S.A. Ansari, Senior Advocate, along with Mr. Ramesh Nayak, Adv.

For Respondents 1,3 & 4: Ms. Sameeksha Gupta, P.L. For Respondent 2 : Mr. Aman Tamboli, Advocate, under instructions of Mr. R.S. Marhas, Adv.

_______________________________________________________ Hon'ble Shri Justice P. Sam Koshy Order on Board [09/01/2023]

1. Challenge in the present Writ Petition is to the rejection of the

objections that the Petitioner has raised in respect of the Respondent

No.5's candidature for the election for the post of Sarpanch of the

Gram Panchayat, Loharsi.

2. The elections were notified as early as on 12.12.2022 and the

date fixed for election is today i.e., 9.1.2023.

3. Learned Senior Counsel refers to a decision of the Hon'ble

Supreme Court in the case of "Election Commission of India v.

Ashok Kumar & Others" [2000 (8) SCC 216]. This Court however is

of the opinion that subsequently the Hon'ble Supreme Court itself in

the case of "Avtar Singh Hit v. Delhi Sikh Gurdwara Management

Committee & Others" [2006 (8) SCC 487] which has been followed

in a series of decisions by this High Court also including the

Judgment of the Division Bench in the case of "Smt. Yogeshwari

Sahu v. State of Chhattisgarh & Others" passed on 29.1.2020 in

Writ Appeal No.71/2020, has held that once when the election

program has already been notified, taking into consideration the

specific bar that is otherwise prescribed under Article 243-O of the

Constitution of India, it would not be justified for the Writ Court to

entertain a dispute arising out of election program. In view of the

same, this Court is of the view that the present Writ Petition also

would not be sustainable.

4. Accordingly, reserving the right of the Petitioner to avail such

other remedies available to him under the election laws, the Writ

Petition stands disposed of.

Sd/-

(P. Sam Koshy) JUDGE sharad