DASHMI BAI BELSARIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Appellant/ Petitioner has challenged the impugned order dated 28.01.2020 passed by learned Single Judge, whereby, learned Single Judge declined to interfere with the order passed by Respondent 4/ S.D.O. (Revenue)/ Revisional Authority, whereby, the Revisional Authority has allowed the Revision and set aside the Election Certificate issued in favour of appellant on the post of Sarpanch of village Panchayat Kumharavand, Janpad Panchayat, Jagdalpur, District Bastar, Chhattisgarh.

(2.) Facts of the case in nutshell are that Respondent 8/ Chhattisgarh State Election Commission has notified the election program for holding the election of Panchayat in the State of Chhattisgarh vide notification dated 23.12.2019. As per the election program schedule, appellant along with other private respondents who are Respondents 6 and 7 herein submitted their Nomination Forms within the prescribed time. Nomination Forms of two candidates for the post of Sarpanch have been rejected on 07.01.2020, considering their disqualification under Section 36(1)(q) of Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "Adhiniyam 1993"). After rejection of Nomination Forms of two other contesting candidates for the post of Sarpanch of Village Panchayat, Kumharavand, appellant only remained as a candidate for the said post. Respondent 3/ Returning Officer applying Rule 47 of Chhattisgarh Panchayat Nirvachan Niyam 1995 (for short "Nirvachan Niyam 1995) has declared the appellant to be elected and has issued the Election Certificate under Form-24 as prescribed under Panchayat Nirvachan Niyam 1995. Respondent 6 had filed a Revision on 09.01.2020 before the S.D.O. (Rev.)/ Revisional Authority under Rule 36 of Nirvachan Niyam, 1995, who while exercising the power of revision has set aside the Election Certificate issued in favour of appellant with immediate effect and further directed to include the name of revisional petitioner/ Respondent 6 in the list of contesting candidates, and for awarding election symbol. Order of Revisional Authority was put to challenge by appellant by way of filing a writ petition mentioning therein that on the objection raised by appellant, two other contesting candidates who have submitted their nomination forms, have been found to be disqualified under Section 36(1)(q) of Adhiniyam, 1993. Revisional Authority could not have exercised its revisionary jurisdiction when once the appellant has been declared as unopposed elected candidate on the post of Sarpanch of village panchayat and issuance of Election Certificate in Form-24 to her by Returning Officer. Election of appellant/ petitioner could have been challenged only by way of filing an Election Petition under the provisions of Adhiniyam, 1993. Revisional Authority invoking its power under Rule 36 of Nirvachan Niyam, 1995, passed orders in midnight after issuance of Election Certificate which is contrary to the provisions of Adhiniyam, 1993. Action on the part of Revisional Authority to be per se illegal. Appellant/ petitioner filed writ petition with following reliefs.

(3.) Learned Single Judge, upon hearing respective parties to the writ petition has dismissed the same taking into consideration the bar under Article 243(O) of Constitution of India and observing that the writ petition would not be maintainable and if the petitioner/ appellant is aggrieved then she may prefer an Election Petition before the concerned authority.