1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1559 of 2021  Rajju Mathur S/o Shri Jitendra Mathur Aged About 53 Years R/o Village Balrampur, Police Station Dadhi, Tahsil And District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Mantralaya, New Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2. The Collector District Bemetara Chhattisgarh 3. The Sub Divisional Officer (Revenue) Bemetara District Bemetara Chhattisgarh 4. The Chief Executive Officer Janpad Panchayat Bemetara District Bemetara Chhattisgarh 5. Rakesh Gahire S/o Maniram Gahire Aged About 27 Years Elected Sarpanch, Gram Panchayat Sukhatal, Tahsil And District Bemetara Chhattisgarh ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : None. For State : Mr. Shubham Bajpayee, Panel Lawyer For Respondent No. 4 : Ms. Rakshita Mishra, Advocate holding the brief of Mr. Chandresh Shrivastava, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17. 06.2025 1. Heard on admission. 2. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to call the records for kind perusal of the Hon’ble Court. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.06.17 16:43:47 +0530 2 10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby setting-aside/quashing the impugned order dated 06.11.2020 Annexure P/1 and further be pleased to direct the respondent no. 3 to disqualify the respondent no. 5 to hold the Office of Sarpanch, in accordance with law. 10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.” 3. The petitioner moved an application before the Sub-Divisional Officer, Bemetara according to the provisions of Section 36 of Panchayat Raj Adhiniyam, 1993 (for short “Adhiniyam, 1993”) as various offences were registered against Sarpanch, namely, Rakesh Gahire. The Sub-Divisional Officer, Bemetara rejected the application on the ground that the charges were framed in the year 2011 and period of five year has already been lapsed; therefore, the provisions of Section 39 of the Adhiniyam, 1993 regarding suspension would not attract. 4. Taking into consideration the provisions of Section 36 and 39 of the Adhiniyam, 1993 and further, order was passed on 06.11.2020 and new elections have already been held; therefore, no case is made out for interference. Accordingly, the instant petition is hereby dismissed, at admission stage itself. Sd/- (Rakesh Mohan Pandey) Judge $iddhant