WPC/4740/2019 of BHAGIRATHI NIRALA Vs STATE OF CHHATTISGARH on 24 December 2019

1. State of Chhattisgarh, through: Secretary, Panchayat & RuralDevelopment Department, Mahanadi Bhawan, Mantralya AtalNagar, New Raipur, District- Raipur (C.G.)Development Department, Mahanadi Bhawan, Mantralya AtalNagar, New Raipur, District- Raipur (C.G.)

2. The Collector, District- Raigarh (C.G.)

3. The Sub-Divisional Officer (Revenue), Sarangarh, District-Raigarh (C.G.)Raigarh (C.G.)

4. The Chief Executive Officer, Janpad Panchayat, Sarangarh(C.G.)(C.G.)

---- Respondents

------------------------------------------------------------------------------------------- For Petitioner:Mr. Sanjay Agrawal, Advocate.

For State/respondents:Mr. Jitendra Pali, Dy. A.G.

-------------------------------------------------------------------------------------------Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/12/2019

1. This writ petition is preferred for quashing the impugnednotification dated 24.11.2019 (Annexure P/1) and further toissue fresh notification in respect of Gram Panchayat-Mudapar Bade following the rule of reservation andconsidering the population census. notification dated 24.11.2019 (Annexure P/1) and further toissue fresh notification in respect of Gram Panchayat-Mudapar Bade following the rule of reservation andconsidering the population census.

2. Learned counsel for the petitioner submits that vide AnnexureP/1, the Collector, Raigarh has issued a notification notifyingthe Gram Panchayat- Mudapar Bade reserved for a woman ofSchedule Tribe, whereas the census report (Annexure P/2)shows that there is not a single resident in Village- MudaparBade belonging to Schedule Tribe. The petitioner has made arepresentation (Annexure P/4) to the Collector, RaigarhP/1, the Collector, Raigarh has issued a notification notifyingthe Gram Panchayat- Mudapar Bade reserved for a woman ofSchedule Tribe, whereas the census report (Annexure P/2)shows that there is not a single resident in Village- MudaparBade belonging to Schedule Tribe. The petitioner has made arepresentation (Annexure P/4) to the Collector, Raigarh (Respondent No. 2) to take a decision on the post ofSarpanch reserved for Schedule Tribe and do the amendmentaccordingly, therefore, a direction may be issued torespondent No. 2 to consider and decide the representationas soon as possible.

3. Learned State counsel submits that the election process hasbeen initiated and the notification has already been issued,therefore, respondent No. 2 is not in a position to take anydecision on the representation made by the petitioner. been initiated and the notification has already been issued,therefore, respondent No. 2 is not in a position to take anydecision on the representation made by the petitioner.

4. In reply, learned counsel for the petitioner submits thatalthough, the notification has been issued, but the nominationis going to be start from 31[st] December, 2019, therefore,respondent No. 2 has the authority to take a decision on therepresentation. although, the notification has been issued, but the nominationis going to be start from 31[st] December, 2019, therefore,respondent No. 2 has the authority to take a decision on therepresentation.

5. After considering the submission made by learned counsel forthe parties and the documents present on record, this writpetition is disposed of with a direction that respondent No. 2shall consider on the representation made by the petitioner, ifit is possible to do so after issuance of the notification, within 7days from the date of production of certified copy of this order.Certified copy today itself as per rules.the parties and the documents present on record, this writpetition is disposed of with a direction that respondent No. 2shall consider on the representation made by the petitioner, ifit is possible to do so after issuance of the notification, within 7days from the date of production of certified copy of this order.Certified copy today itself as per rules.

Sd/-

(Rajendra Chandra Singh Samant)Vacation Judge