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2025 DAILYLAW 37670 (CHH)

CHATRAPAL v. STATE OF CHHATTISGARH

WPC/4329/2025 · 2025-08-12

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:40739 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4329 of 2025 1 - Chatrapal S/o Siddhilal Aged About 49 Years R/o Ward No. 05, Village- Chhoti Anjani, Gram Panchayat Gaurela Tehsil- Pendraroad, District- Gaurela- Pendra- Marwahi ( C.G. ). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Collector, District- Gaurela- Pendra- Marwahi ( C.G. ). 2 - Sub Divisional Officer ( R ) Pendraroad, District- Gaurela- Pendra- Marwahi ( C.G. ). 3 - Shashi Devi Maravi W/o Durgesh Kashipuri R/o- Ward No. 02, Village- Badi Anjani, Gram Panchayat- Anjani, Development Block Gaurela Tehsil- Pendraroad, District- Gaurela- Pendra- Marwahi ( C.G. ). 4 - Dinbandhu Khusro S/o Ramlal, R/o- Village- Ward No. 07, Village- Anjani Bartola, Gram Panchayat- Anjani Development Block Gaurela Tehsil- Pendraroad, District- Gaurela- Pendra- Marwahi ( C.G. ). 5 - Munnalal Nagesh S/o Bisahu Nagesh R/o Village No. 10 Village- Larilota Anjani Gram Panchayat- Anjani Development Block Gaurela Tehsil- Pendraroad, District- Gaurela- Pendra- Marwahi ( C.G. ). 6 - Returning Officer ( Panchayat ) District- Panchayat Gaurela District- Gaurela- Pendra- Marwahi ( C.G. ). ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Shyam Kumar, Advocate For Respondent : Ms. Akanksha Verma Dabhadker, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board Digitally signed by JYOTI JHA Date: 2025.08.14 11:03:26 +0530 2 13/08/2025 1. The present writ petition has been filed seeking following relief(s);- 10.1 This Hon’ble Court may kindly be pleased to call for the entire records pertaining to the petitioner’s case. 10.2 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. 202505280300038 of 2025 preferred by petitioner 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. 10.3 Any other relief, which the Hon’ble Court deems fit looking to the facts and circumstances of the case, may also be granted to the petitioner. 2. Learned counsel for the petitioner submits that the petitioner had filed an election petition bearing case No. 202505280300038 of 2025 before the Sub Divisional Officer (R) District Gaurela-Pendra-Marwahi invoking the provisions of Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 read with Rule 21 of the Chhattisgarh Panchayat (Election, Corrupt Practices, and Disqualification of Membership) Rules 1995, seeking appropriate relief against the illegal and arbitrary actions of the respondents. Despite the lapse of a substantial period, no meaningful progress has been made in the trial. Therefore, he seeks for taking prompt action in concluding the election petition. 3. Learned counsel for respondents submits that in view of the limited prayer made by the learned counsel for petitioner 3 seeking direction to trial Court to consider the pending election petition, she 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 respective parties and perused the record with utmost circumspection. 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. 202505280300038 of 2025 (Annexure P-1) within a period of 120 days from the date of receipt of copy of this order in accordance with law, after giving appropriate opportunity of hearing to the parties of the case. 6. It is made clear that this Court has not observed anything on the merits of the case. 7. Accordingly, the present writ petition stands disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti