1 2025:CGHC:34395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3760 of 2025 1 - Krishna Kumari Avinashi W/o Ajay Kumar Avinashi, Aged About 42 Years R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.). ... Petitioner versus 1 - Asha Dukalu Bhaskar W/o Dukalu Bhaskar, Aged About 37 Years R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 2 - Amrika Bai W/o Chanda Ram Miri, R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 3 - Koushilya Devi Banjare W/o Chhotelal Banjare R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 4 - Mamta Chouhan W/o Ramratan Chouhan, R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 5 - Rajnandani Sarthi W/o Chhaikbihari Sarthi R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 6 - Satbhama Navrang D/o Kholu Navrang, R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 7 - Sunita Narange W/o Haldhar Narange R/o Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) 8 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 132, Om Santkumar Marwal, Lecturer, E.L.B. Higher Secondary School Arjuni, Akaltara, District Janjgir- Chmapa (C.G.) 9 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 133, Om Prakash Rathore, Headmaster, Block Education Officer, Akaltara, District Janjgir-Chmapa (C.G.) 10 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 134, Om Jai Singh Sidar, Principal, Government Higher Secondary School Kadari, District Janjgir-Chmapa (C.G.) 11 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 135, Rakesh Kumar Sahu, Lecturer, Government Higher Secondary School Birra, District Janjgir-Chmapa (C.G.) 12 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 136, Mukesh Kumar Ogre, Sub Engineer, Sub Divisional Officer, District Janjgir-Chmapa (C.G.) 2 13 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 137, Asraf Husain, Lecturer, Government Higher Secondary School Birra, District Janjgir-Chmapa (C.G.) 14 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 138, Suresh Singh Kshatri, Government Higher Secondary School Tilai, District Janjgir-Chmapa (C.G.) 15 - Presiding Officer, Gram Panchayat Dongakohroud, Booth No. 139, Sundar Lal Kashyap, Lecturer, E.L.B. Government Higher Secondary School Birra, District Janjgir- Chmapa (C.G.) 16 - Returning Officer, Mahendra Lahare, Tahsildar Pamgarh, Tahsil Pamgarh, District Janjgir-Champa (C.G.) ... Respondents For Petitioner : Mr. N.K. Chatterjee , Advocate For Respondents : None Hon’ble Shri Justice Arvind Kumar Verma Order on Board 21.07.2025 1. Counsel for the Petitioner prays for the following relief(s):- “a. That, the Hon’ble Court may kindly be pleased to allow the petition and direct the SDO Revenue to take away the powers of respondent no. 1 on the post of Sarpanch and to make the petitioner on the post of Sarpanch of Dongakohrouud. b. That, in view of Section 122 of the Panchayat Raj Adhiniyam, the appeal which has been preferred by the appellant against the respondent no. 1 who is winning candidate of post of Sarpanch of Dongakohroud and since the appeal has not been disposed of within three months from the date of filing appeal and since there does not exist any provision for condoning the delay under the limitation and since appeal could not disposed by the appellate authority within time limit on merit, therefore by vertuer of time limit which has been prescribed for the purpose of disposal of appeal and the appeal preferred by the appellant who was defeated under the Sarpanch, since the appeal has not been disposed of within time by virtue of provision, the appeal has been disposed of within three months and has already expired on 11.06.2025 and on account of which the appeal of the petitioner has been deemed to have been decided in favour of appellant and the Hon’ble Court may direct the appellate court to stop the appeal proceeding and to direct the returning officer to ask the winning candidate to vacate the post and to 3 direct the appellant next candidate i.e. post and to direct the appellant next candidate i.e. petitioner to take over the charge of Sarpanch of the Village Dongakohroud, Tahsil Pamgarh, District Janjgir-Champa (C.G.) having being found the respondent No. 1 who is the present Sarpanch of the said village is suffering from so many infomalities and she is encroacher and on the date of nomination she was in service of the State Govt. and was taking the pay and resigned the job after the election. c. That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 2. While perusing the present petition, this Court finds that the petitioner has not made the party to the person, against which he is having the main grievance. Hence, the present petition stands defective on the ground that the petitioner has not made the necessary party to whom he is having the grievance. 3. Accordingly, the petition is dismissed. 4. However, the petitioner is at liberty to file a fresh petition, if desires. Certified copy as per rules. sd/- (Arvind Kumar Verma) alfiza JUDGE