Chattisgarh High Court
Heera Bai Verma vs State Of Chhattisgarh on 24 May, 2024
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
WPC No. 2644 of 2024
Heera Bai Verma W/o Dev Lal Verma Aged About 53 Years R/o
Member Janpad Panchayat Berla, Ward No. 14, District :
Bemetara, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through Panchayat Department,
Mahanadi Bhavan, Atal Nagar, Naya Raipur, District : Raipur,
Chhattisgarh
2. Collector District- Bemetara, Chhattisgarh.
3. C.E.O. Janpad Panchayat Berla District Bemetara,
Chhattisgarh.
4. Sub Divisional Officer District- Berla, District : Bemetara,
Chhattisgarh
5. Kesar Sori Ward No. 1 Dewar, Bija, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
6. America Sahu Ward No. 2, Khamaria, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
7. Darbari Sahu Ward No. 3, Dagania, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
8. Raju Parkar Ward No. 4, Kodwa, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
9. Rupa Siware Ward No. 5, Parpoda, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
10. Anjani Kumar Chandel Ward No. 7, Reve, Janpad Panchayat
Berla, District- Bemetara, Chhattisgarh.
11. Ambalika Sahu Ward No. 8, Taksiva, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
12. Manoj Sahu Ward No. 9, Lavatra, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
13. Hemant Vaishnav Ward No. 10, Aandu, Janpad Panchayat
Berla, District- Bemetara, Chhattisgarh.
14. Siddiq Khan Ward No. 11, Raka, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
15. Mahendra Dahare Ward No. 12, Kathiya, Janpad Panchayat
Berla, District- Bemetara, Chhattisgarh.
16. Dhandesh Yadu Ward No. 13, Jamghat, Janpad Panchayat
Berla, District- Bemetara, Chhattisgarh.
17. Mahendra Verma Ward No. 18, Aanad Gaon, Janpad
Panchayat Berla, District- Bemetara, Chhattisgarh.
18. Chandrika Verma Ward No. 21, Hasda, Janpad Panchayat
Berla, District- Bemetara, Chhattisgarh.
19. Harshlata Verma Ward No. 23, Pirda, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
20. Durga Sahu Ward No. 25, Borsi, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
21. Saraswati Sahu Ward No. 16, Kusmi, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
22. Kaushalya Lehre Ward No. 17, Basa, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
23. Yamini Vaishnav Ward No. 15, Kharra, Janpad Panchayat
Berla, District- Bemetara, Chhattisgarh.
24. Kambal Sahu Ward No. 24, Dudheli, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
25. Hanuram Gonde Ward No. 20, Sakra, Janpad Panchayat Berla,
District- Bemetara, Chhattisgarh.
26. Nawaz Mohommad Munshi Khan Ward No. 6, Vice President,
Janpad Panchayat Berla, District- Bemetara, Chhattisgarh.
27. Puja Tikariya Ward No. 19, Janpad Panchayat Berla, District-
Bemetara, Chhattisgarh.
28. Chetna Verma Ward No. 22, Janpad Panchayat Berla, District-
Bemetara, Chhattisgarh.
---- Respondents
(Cause title is taken from Case Information System) 24-5-2024 Mr. Tarendra Kumar Jha, Adv. for the petitioner.
Mr. Shaleen Singh Baghel, Govt. Adv. for State/respondent No. 1, 2 and 4. Me. Keshav Devangan, Adv. for respondents No. 10 and 13. Heard.
Issue notice on main petition as well as I.A. No. 1/2024, for grant of interim relief to the respondents as per rules on payment of PF within 7 days, through RAD as well as usual mode.
Learned Govt. Adv. and Mr. Keshav Devangan, Adv. accept notice on behalf of their respective parties, therefore, issuance of notice to respondents No. 1, 2, 4, 10 and 13 is dispensed with.
Learned counsel for the petitioner submits that, petitioner was President of Janpad Panchayat, Berla, Distt. Bemetara, she was removed by no confidence motion on 11-3-2024 and thereafter, vide memo dated 15-3-2024 (Annexure P-1), respondent No. 2/Collector, Bemetara appointed Presiding Officer i.e. Sub Divisional Officer (Revenue), Berla for initiating proceeding for bye election of President, Janpad Panchayat, Berla, which was challenged by the petitioner by filing WPC No. 1708/2024 (Annexure P-3), stating inter alia that, aforesaid memo Annexure P-1 has been issued before completion of period of filing appeal and, even Model Code of Conduct was also in force. Subsequent to filing of aforesaid writ petition, vide Annexure P-2 dated 20-3- 2024, the respondent No.2 has withdrawn the memo Annexure P-1, but again it issued memo Annexure P-5 dated 16-5-2024 for election of President and Vice President of Janpad Panchayat, Berla. It is submitted that in aforesaid memo Annexure P-5, no category has been indicated i.e. Scheduled Caste, Scheduled Tribes, Women, etc to be elected on aforesaid post and even date of nomination by the candidates as provided in Rule 14 of the CG Panchayat (Up -Sarpanch, President and Vice President) Election Rules, 1995 has been fixed. It is further submitted that Model Code of Conduct is still in force, despite that, such proceeding has been initiated. It is submitted that despite withdrawal of earlier memo Annexure P-1 dated 15-3-2024, respondent No. 2 has again issued memo Annexure P-5, which itself shows malafideness of respondent authorities towards petitioner, therefore, interim protection may be granted to the petitioner.
Per contra, learned Govt. Adv. for the respondents No. 1, 2 and 4 would submit that, petitioner was removed from post of President of Janpad Panchayat, Berla on 11-3-2024, but the appeal was not filed by her within the period prescribed for filing of appeal. Even petitioner withdrew WPC NO. 1708/2024 on 22-3-2024, but she filed appeal against order of removal on 18- 5-2024 i.e. after issuance of memo Annexure P-5 dated 16-5-2024. Since vide memo Annexure P-5, bye election of President and Vice President is to be conducted for remaining period of 8 months, as present term is going to be completed in the month of February, 2025, therefore, category i.e. Scheduled Castes, Scheduled Tribes, Women etc. has not been notified because for remaining period, only the persons of same category, to which his/her predecessor belong, would be elected. For such bye election, other proceeding of nomination etc. is got done on same day. Learned counsel for the State submitted the time table, which is to be observed after calling the meeting at 12.00 noon. This time table shows various procedures to be adopted by Presiding Officer. It is further submitted that, in aforesaid circumstances, interim protection may not be granted to the petitioner. However, he seeks time to file reply to the application for grant of interim relief.
Learned counsel for the respondent No. 10 and 13 would extend his support to the submission made by learned counsel for the State.
Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering the fact that petitioner despite being removed from the post of President, Janpad Panchayat, Berla on 11-3-2024, did not file appeal within specific period provided for it, and even after withdrawal of aforesaid WPC No.1708/2024 by her on 22-3-2024, she did not file any appeal, rather she filed appeal only after issuance of memo Annexure P-5 dated 16-5-2024, hence, I do not feel inclined to grant any interim protection to the petitioner. The prayer made in this regard is declined.
Learned counsel for the respondent(s) is granted time to file reply. List the case in the week commencing 18-6-2024.
In view of above, IA no. 2/2024, application for hearing during summer vacation and I.A. No. 3/2024, application for urgent hearing stand disposed of.
Sd/-
(Naresh Kumar Chandravanshi) Judge Pathak