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2025 DAILYLAW 33926 (CHH)

BIRSA BAI v. STATE OF CHHATTISGARH

WPC/3653/2025 · 2025-07-14

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:32901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3653 of 2025 1 - Birsa Bai W/o Kripal Singh, Aged About 38 Years R/o Village Dharhar, Gram Panchayat Dharhar, Block Develoment Marwahi, Tehsil Marwahi, District Gaurela Pendra Marwahi Chhattisgarh 2 - Gajadhar Lodha S/o Mangal Lodha, Aged About 34 Years R/o Village Dharhar, Gram Panchayat Dharhar, Block Develoment Marwahi, Tehsil Marwahi, District Gaurela Pendra Marwahi Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector, District Gaurela Pendra Marwahi Chhattisgarh 2 - State Of Chhattisgarh, Through Sub Divisional Officer (R), Marwahi, District Gaurela Pendra Marwahi Chhattisgarh 3 - Smt. Shyama, W/o Shri Ganpat Singh, R/o Village Dharhar, Gram Panchayat Dharhar, Block Develoment Marwahi, Tehsil Marwahi, District Gaurela Pendra Marwahi Chhattisgarh 4 - Khomvati, W/o Shankar Kurtsay, R/o Village Dharhar, Gram Panchayat Dharhar, Block Develoment Marwahi, Tehsil Marwahi, District Gaurela Pendra Marwahi Chhattisgarh 5 - Smt. Lokvati, W/o Jawahar Singh Kawnar, R/o Village Dharhar, Gram Panchayat Dharhar, Block Develoment Marwahi, Tehsil Marwahi, District Gaurela Pendra Marwahi Chhattisgarh 6 - Nirmala Shyam, W/o Arun Shyam, R/o Village Dharhar, Gram Panchayat Dharhar, Block Develoment Marwahi, Tehsil Marwahi, District Gaurela Pendra Marwahi Chhattisgarh 7 - Returning Officer, (Panchayat) District Panchayat Marwahi, District Digitally signed by JYOTI JHA Date: 2025.07.16 11:05:08 +0530 2 Gaurela Pendra Marwahi Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Achyut Tiwari, Advocate For Respondent-State : Mr. Satish Gupta, G.A. Hon’ble Shri Arvind Kumar Verma Order on Board 15/07/2025 1. Counsel for the Petitioner prays for the following relief(s):- “(I) That, the Hon’ble Court may kindly be pleased to call for the record relating to petitioners’ matter. (ii) 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. 202503281100017 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 three weeks, in the interest of justice. (v) Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted. 2. Learned counsel for the petitioner submits that the petitioner had filed an election petition bearing case No. 202503281100017 of 2025 before the learned Sub Divisional Officer (R ), Marwahi, District Gaurela Pendra Marwahi (C.G.) invoking the provision of Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam 1993 seeking appropriate relief against the illegal and arbitrary actions of the respondents. Despite a lapse of a substantial period, no meaningful progress has been made in the trial, therefore he prays for a direction to trial Court to decide the same within stipulated time. 3 3. 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. 4. I have heard learned counsel for the parties and perused the material available on record. 5. 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. 202503281100017 of 2025 within a period of 30 days from the date of receipt of copy of this order in accordance with law. 6. It is made clear that this Court has not observed anything on the merits of the case. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti