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2025 DAILYLAW 33909 (CHH)

FATEH SINGH OTTI v. STATE OF CHHATTISGARH

WPC/3623/2025 · 2025-07-15

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:33188 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3623 of 2025 1 - Fateh Singh Otti S/o Ramratan Aged About 42 Years R/o Village Ghinouchi, Ward No. 13, Gram Panchayat Maladand, District Gaurela Pendra Marwahi Chhattisgarh 2 - Thaneshwar Singh S/o Ganesh Singh Aged About 42 Years R/o Village Ghinouchi, Ward No. 13, Gram Panchayat Maladand, District Gaurela Pendra Marwahi Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, District Gaurela Pendra Marwahi Chhattisgarh 2 - Sub Divisional Officer, (R) Marwahi, District Gaurela Pendra Marwahi Chhattisgarh 3 - Kusum Bai Armo, W/o Madan Singh Armo, R/o Village Ghinouchi, Ward No. 13, Gram Panchayat Maladand, District Gaurela Pendra Marwahi Chhattisgarh (Relationship Correctly Mentioned) 4 - Gangotri Bai Masram, W/o Swamidin Masram, R/o Village, Ghinouchi, Ward No. 13, Gram Panchayat Maladand, District Gaurela Pendra Marwahi Chhattisgarh 5 - Geeta Bai Armo, W/o Dhyan Singh Armo, R/o Village Ghinouchi, Ward No. 13, Gram Panchayat, Maladand, District Gaurela Pendra Marwahi Chhattisgarh 6 - Shakuntala Shyam, W/o Tumman Singh Shyam, R/o Village Ghinouchi, Ward No. 13, Gram Pnachayat Maladand, District Gaurela Pendra Marwahi Chhattisgarh 7 - Teresiya Bai Porte, W/o Mangal Singh Porte, R/o Village Ghinouchi, Ward No. 13, Gram Panchayat Maladand, District Gaurela Pendra Marwahi Chhattisgarh 8 - Returning Officer, (Panchayat) District Panchayat Marwahi, District Gaurela Pendra Marwahi Chhattisgarh ... Respondent(s) For Petitioners : Mr. Shyam Kumar, Advocate For State : Mr. Saumitra Kesharwani, Panel Lawyer Hon’ble Shri Justice Arvind Kumar Verma Order on Board ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.07.17 14:49:26 +0530 2 16.07.2025 1. By way of this petition, the petitioners are seeking for the following reliefs:- “a. That, the Hon’ble Court may kindly be pleased to call for the record relating to petitioner's matter. b.That, the Hon’ble Court may kindly be pleased to issue an appropriate writ, order or direction to the trial court i.e. respondent no. 2 to take proper and prompt action in an election petition (Annexure P/1) bearing case no. 202503281100015 of 2025 (Annexure P/2) preferred by petitioners in accordance with law & also kindly direct them to decide the same within stipulated time, preferably within a period of 3 weeks, in the interest of justice. c. That, any other relief, which this Hon’ble Court may deem fit and proper according to the facts and circumstances of the case along with the cost of the petitioners.” 2. Learned counsel for the petitioner submits that the petitioners have rightly invoked the jurisdiction of the competent authority under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and submitted a duly supported application seeking redressal of their grievances however the same has not been adjudicated with due diligence. The order sheets (Annexure P/2) clearly reflects that the matter has not been taken up in its proper perspective, and the continued delay in pronouncement of judgment to constructive non-disposal of the application. 3. He submits that the respondent no. 3 is from other State and by way of marriage she has migrated to and is residing in Chhattigarh. Therefore, she has not produced any caste certificate issued by any competent authority, whereas the returning officer wrongfully mentioned in the appendix-16(Annexure P/3) in para 3 that she has submitted caste certificate issued by the competent authority. 4. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to trial Court to consider the pending election petition, he is having no objection to the limited prayer and if the election petition of the petitioner is pending, it will be decided in accordance with law. 5. I have heard learned counsel for the respective parties and perused the record with utmost circumspection. 3 6. Considering the facts and circumstances of the case instead of keeping this petition pending, I find it appropriate to dispose of the same at this stage directing the trial Court to pass a final order in the election petition bearing case No. 202503281100015 of 2025 (Annexure P/2) within a period of 30 days from the date of receipt of copy of this order in accordance with law. 7. It is made clear that this Court has not observed anything on the merits of the case. 8. With the aforesaid direction, the writ petition is disposed of. Certified copies as per rules. sd/- (Arvind Kumar Verma) alfiza JUDGE