Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5485
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1028 of 2024 • Smt. Satya Gupta, W/o Shri Rajendra Gupta, Aged About 48 Years, President Nagar Panchayat Rahoud, R/o Ward No.1, Rahoud, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh. ... Petitioner/Applicant versus
1. Shri Basavaraju S. Principal Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Capital Complex, Atal Nagar, Nawa Raipur, Raipur, Chhattisgarh. 2. Shri. Sarveshwar Narendra Kurre, Secretary, State Election Commission, Sector-19, Kotara-Bhantha, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 3. Shri. Aakash Chikara, Collector, Janjgir-Champa/District Election Officer, District Janjgir-Champa, Chhattisgarh. 4. Shri. Morish Singh Raj, Chief Municipal Officer, Nagar Panchayat, Rahoud, District Janjgir-Champa, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner/Applicant : Mr. Sumit Singh, Advocate. For Respondent No.3 : Mr. Venktesh Pandey, Advocate. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 30/01/2025
1. Heard. 2. The instant contempt petition has been filed under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 for non-compliance of the order dated 02.07.2024 passed in WP(C) No.1585/2024. 3. Learned counsel appearing for the respondent No.3 would submit that order
2 under contempt has been passed by the Co-ordinate Bench of this Court, directing respondents to initiate the proceeding for filling of casual vacancy of President of Nagar Panchayat Rahoud in accordance with law, expeditiously within period of 1 month. He further submits that when the then President of Nagar Panchayat Rahoud was removed on the basis of no confidence motion and when the order under contempt was passed at that time term of Adhyaksh/Upadhyaksh of Nagar Panchayat remained for less than 6 months and as per Section 37(1) of the Municipality Act, 1961, no fresh proceeding will be initiated for filling of the post of President/Adhyaksh or Vice President/Upadhyaksh, if term of the aforesaid post is not remained above 6 months. He further submits that on this count, review petition preferred by the respondent No.2 (herein)/State Election Commission bearing REVP No.159/2024, is pending consideration before the Co-ordinate Bench of this Court. 4. Having considered the aforesaid contention of counsel appearing for respondent No.3, I do not find any good reason to proceed further in the matter, initiating contempt proceeding at this stage, therefore, contempt proceeding is dropped. However, liberty is left with the applicant that he may file fresh contempt petition, if occasions arises. 5.
Accordingly, the rule issued is discharged. No order as to costs. Sd/-
(Naresh Kumar Chandravanshi)
Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.01.30 17:56:15 +0530