1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1973 of 2025 1 - Kishan Lal S/o Late Shri Mangal Sai Aged About 30 Years R/o House No. 160 Baridih (Mohanpur) Tahsil And District - Korba Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat Mahanadi Bhawan Mantralaya Nawa Raipur District - Raipur Chhattisgarh 2 - The Collector District - Korba Chhattisgarh 3 - Kulsingh Kanwar S/o Late Shri Sahoran Singh R/o Village Tilkeja P.S. Urga Tahsil And District - Korba Chhattisgarh ... Respondent(s) (Cause-title is taken from Case Information System) For Petitioner : Mr. Jitendra Pali, Advocate For State : Mr. R. K. Gupta, Add. Advocate General SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 22/04/2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10.i To kindly be pleased to call for the entire records in relates to the case of the petitioners from the possession of respondents for its kind perusal. 10.ii. To kindly issue an appropriate writ, order, or direction, quashing and setting aside any proceedings or orders initiated or passed by the Respondent Collector, District Korba, 2 Chhattisgarh, pursuant to the election petition filed by the private Respondent regarding the alleged non-disclosure of criminal antecedents by the Petitioner in his nomination form for the post of Member, Janpad Panchayat, Korba; 10.iii. To kindly direct the Respondent Collector to objectively and lawfully consider the Petitioner's reply dated 29.03.2025, in accordance with the principles of natural justice and the applicable legal framework, duly taking into account that the punishment imposed upon the Petitioner- imprisonment until the rising of the court-does not constitute a conviction requiring mandatory disclosure or attracting disqualification under the governing statutes and rules regulating elections to the Janpad Panchayat, thereby ensuring that the democratic mandate of the Petitioner's electorate is respected and upheld; 10.iv To kindly declare that the Petitioner is not disqualified from contesting or holding the elected post of Member, Janpad Panchayat, Korba, District Korba, Chhattisgarh, on account of the nature and extent of the sentence imposed upon him; 10.v To kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit and just in the facts and circumstances of the case.” 2. Facts of the case, in a nutshell, are that the petitioner has filed the present writ petition challenging the proceedings initiated by the respondent, Collector of Korba, District Korba, Chhattisgarh, pursuant to an election petition submitted by respondent No. 5. It has been alleged in the said petition that the petitioner failed to disclose his criminal antecedents in the nomination form submitted for election to the post of Member, Janpad Panchayat, Korba. The allegation pertains to the petitioner's conviction, which resulted in a sentence of detention 3 till the rising of the Court—a form of punishment that neither requires disclosure nor attracts disqualification under the provisions of the Chhattisgarh Panchayat Raj Adhiniyam. Despite the petitioner submitting a detailed reply on 29.03.2025 clarifying the legal position, the proceedings are being actively pursued. 3. Learned counsel for the petitioner submits that the petitioner, an elected Janpad member, is facing an election petition filed by respondent No. 3, which is currently pending before the Collector, Korba. The petitioner had been convicted and sentenced till the rising of the Court for offences punishable under Sections 148, 323 read with Section 149 (six counts), and 325 read with Section 149 of the Indian Penal Code. However, due to a misunderstanding, the petitioner failed to disclose this conviction in the application form submitted along with an affidavit to the Returning Officer. No objections were raised at that time, and the petitioner, in good faith, believed that the sentence did not amount to a punishment. After the election petition was filed, the petitioner disclosed the conviction and attributed the omission to a bona fide mistake. The petitioner has approached this Court due to apprehensions that the Presiding Officer may not consider the explanation offered by the petitioner and may prejudice the case against him, denying him a proper opportunity to be heard. 4. Learned State counsel counters that the petitioner's doubts are baseless and the petition is premature. Interference by this Court at this stage would potentially prejudice the proceedings. 5. I have heard the learned counsel for the respective parties. 6. Given facts that an election petition is already pending before the Collector, Korba, this Court expects from the Presiding Officer to hear 4 the case impartially and to pass appropriate orders after providing due opportunities for all parties to be heard. The petitioner's apprehensions do not warrant issuance of a writ in this case 7. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Shayna JUDGE Digitally signed by SHAYNA KADRI