1 2025:CGHC:2721 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 234 of 2025 1 - Kishore Kumar Patel S/o Shri Munku Lal Patel Aged About 46 Years Presently Vice President Of Janpad Panchayat- Baramkela, R/o Village- Chhuhipali, Tahsil- Baramkela, District- Sarangarh-Bilaigarh C.G. 2 - Sushil Kumar Naik S/o Shri Triloki Nath Naik Aged About 37 Years R/o Village- Dabhra, Tahsil- Baramkela, District- Sarangarh-Bilaigarh C.G. ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary Department Of Panchayat And Rural Development, Mahanadi Bhavan, Mantralaya, Atal Nagar, Raipur, District Raipur C.G. 2 - The Collector District- Sarangarh-Bilaigarh C.G. 3 - The District Panchayat, Raigarh Through- Its Chief Executive Officer, Raigarh, District- Raigarh C.G. 4 - The District Nodal Officer (Panchayat) District Panchayat- Sarangarh- Bilaigarh C.G. 5 - The Janpad Panchayat Baramkela Through- Its Chief Executive Officer, Baramkela, District Sarangarh-Bilaigarh C.G. ... Respondent(s) Cause title is taken from the Case Information System For Petitioner : Shri Roop Naik, Advocate For Respondent/State : Shri Praveen Das, Dy. Adv. General : Shri Harishankar Chouhan, Project Director, Dist. Sarangarh-Bilaigarh, is also present. Order on Board By Bibhu Datta Guru, J. 2 16/1/2025 1. By the present petition, the petitioners are seeking for the following reliefs : 10.1) That, this Hon'ble Court may kindly be pleased to issue appropriate writ/order by setting-aside /quash the impugned notification issued by the respondent No. 2/Collector No. 2691 dated 08.01.2025 with regard to Members of Zila Panchayats; notification No. 2692 dated 08.01.2025 with regard to President of Janpad Panchayat, Baramkela, Sarangarh and Bilaigarh; notification No. 2693 dated 08.01.2025 with regard to Members of Janpad Panchayat, Sarangarh, Baramkela and Bilaigarh; and notification No. 2694 dated 08.01.2025 with regard to Members of Village Panchayats of District Sarangarh- Bilaigarh (Annexure P-1). 10.2) That, this Hon'ble Court may kindly be pleased to issue appropriate writ or order by directing the respondent authority to conduct/initiate lot proceeding by chit system as per Chhattisgarh Panchayat Nirvanchan Niyam, 1995. 10.3) That, this Hon'ble Court may kindly be pleased to issue any other suitable writ/orders/directions in favour of the petitioner looking to the facts and circumstances of the case. 2. (i) Facts of the case, as projected in the writ petition, are that the petitioner No.1 is working as a Vice-President of Janpad Panchayat, Baramkela and the petitioner No. 2 is resident of village Dabhra. According to the petitioners, the respondent No.2 has issued programme for Panchayat Election 2024-25. On 03.01.2025 the public notice has been issued for division with respect to Member of Zila Panchayat, Member of Janpad Panchayat, President of Janpad Panchayat and Gram Panchayats of Janpad Panchayat Bilaigarh, Baramkela and Sarangarh. Accordingly, the 3 details of schedule place, date and time of proceeding i.e. Place : Collector’s Assembly; date & day : 08.01.2025 (Wednesday); and time at 11.00 am was prescribed. Thereafter the respondent authority had initiated proceeding for division and reservation of the post of the Panchayats i.e. President and Members of the Zila Panchayat, President and Member of Janpad Panchayat and post of Sarpanch and also reservation of woman. (ii) The petitioners pleaded that the Collector and his authorized officer has conducted reservation procedure by using the carrom pieces. However, during the lot system, the respondents authority have written one side number of the said carrom pieces and on the other side name of constituency. The said carrom pieces are transparent and the same have not been covered and as such the constituency can be identified easily. The Collector has nominated one employee namely; Brijbhushan Patel, for choosing the carrom piece in the lot proceeding. (iii) The lot proceeding has been conducted by the respondent authority contrary to the provisions of the Chhattisgarh Panchayat Nirvanch Niyam, 1995 (for short ‘the Rules, 1995’) and thereafter, published the notification for reservation of seats of member of Panchayats in the District Sarangarh- Bilaigarh. Thereafter, the respondent No.2 has issued notification No.2691 dated 08.01.2025 whereby the Members of Zila Panchayats has been published. As per notification No. 2692 dated 08.01.2025 the President of Janpad Panchayat, Baramkela, Sarangarh and Bilaigarh has been published and by notification No. 2693 dated 08.01.2025 the Members of Janpad Panchayat, Sarangarh, Baramkela and Bilaigarh has been published and by notification No. 2694 dated 08.01.2025 the Members of Village Panchayats of District Sarangarh-Bilaigarh has been published. 4 (iv) According to the petitioners, the voter list has not been published by the respondent authority prior to issuance of notification dated 08.01.2025 and if the voter list for category-wise has not been issued then the act of reservation proceeding is not at all sustainable in the eye of law. 3. Learned counsel appearing for the petitioners would submit that the impugned action on the part of the respondent authority is contrary to Rule 5 & 6 of the Rules, 1995. He would further submit that reservation for constituency of Zila Panchayat, Janpad Panchayat, Member of Zila Panchayat, Member of Janpad Panchayat, Sarpanch, Panchs and Woman shall be determined in terms of the said Rules and despite the said fact the same has not been followed. He would submit that for the purpose of allotment of wards/seats, separate chits shall be prepared by giving individual number of wards on each of such chit and all the chits shall be kept in one pot and thereafter, one chit shall be drawn out and shall be read out before the persons witnessing the draw. However, in the case at hand, separate chit has not been prepared for the constituency of Zila Panchayat, Janpad Panchayat, Sarpanch, Panch and Woman. The Collector and his authorized officer has conducted reservation procedure by using the carrom pieces. He would submit that during the lot system the respondents have written one side number of the said carrom pieces and on the other side name of constituency and hence the confidentiality has not been maintained. He would next submit that the voter list of District Sarangarh- Bilaigarh for the Panchayat Election has not been published and prior to publication of voter list the reservation policy has been adopted by the respondent authority, which is contrary to the provisions of law, therefore, entire proceeding for election is vitiated and null and void. 5 4. (a) Learned counsel appearing for the respondents, on instructions, would place photographs and copy of proceedings, which are taken on record, showing the procedure of lot made by the authorities. The said photographs and proceedings also shown to the petitioner for his perusal. He would submit that for the purpose of allotment of wards/seats, separate plastic sheet/chits were prepared and thereafter the same have been kept in one pot, which was not transparent. After drawing the said chit from the pot; read out the same in front of the persons present there; and the reservation of seats are being made. Learned counsel would submit that the procedure as enumerated under Rule 5 & 6 of the Rules, 1995 has been followed in its letter and spirit. The draw has been made by preparing chits and the same were put in a pot and after drawl of the chit from the pot, the reservation has been made for the constituency of Zila Panchayat, Janpad Panchayat, Gram Panchayat. (b) According to the learned counsel, though at the time of lot the petitioners were very much present, but they have not raised any objection. He would submit that one Tarachand Patel, who was sitting near the petitioner at the time of lot, raised an objection with respect to chit prepared in a plastic sheet, however, looking to the said objection immediately the Collector examined the same and due opportunity afforded to said Tarachand to see the chit and pot in which the same was kept. Thereafter, by touching the plastic sheet/chit and the box, said Tarachand satisfied that no illegality is there and no mark put on the chit. Learned counsel would next submit that the entire procedure has been done transparently and there is no illegality at all in the procedure adopted by the respondent authority whereas the entire steps have been taken in terms of Rule 5 & 6. 6 (c) With regard to contention of the petitioners that before proceeding for reservation, no voter list has been prepared, learned counsel would submit that the reservations are always made on the basis of population, which has been assessed during the last census and the reservation has been made on the basis of population of Zila Panchayat, Janpad Pancyhayat and Gram Panchayat and, as such, there is no illegality at all. Thus, the petitioners are not at all entitled for any relief and the petition may be dismissed. 5. I have heard learned counsel appearing for the parties and perused the documents. 6. From perusal of the photographs and proceedings which are placed before the Court during the course of hearing, it is evident that for the purpose of allotment of wards/seats, separate plastic sheet/chits were prepared and thereafter the same have been kept in one pot, which was not transparent. After drawing the said chit from the pot; read out the same in front of the persons present there; and the reservation of seats are being made. In fact, the draw has been made by preparing chits and the same were put in a pot and after drawl of the chit from the pot, the reservation has been made for the constituency of Zila Panchayat, Janpad Panchayat, Gram Panchayat. 7. Albeit at the time of lot the petitioners were present, but they have not raised any objection, however, one Tarachand Patel, who was sitting near the petitioner at the time of lot, raised an objection with respect to chit prepared in a plastic sheet. The said objection has been examined by the Collector and afforded opportunity to said Tarachand to see the chit and pot in which the same was kept wherein he satisfied that no illegality is there and no mark put on the chit. The entire procedure has been done 7 transparently and there is no illegality in the procedure adopted by the respondent authority. The authorities have adhered to the procedure enumerated under Rule 5 & 6 of the Rules, 1995. 8. In respect of objection of the petitioners that before proceeding for reservation, no voter list has been prepared is concerned, the reservations are always made on the basis of population, which has been assessed during the last census and the reservation has been made on the basis of population of Zila Panchayat, Janpad Pancyhayat and Gram Panchayat. 9. For the reasons mentioned herein above, it is crystal clear that there is no illegality and irregularity made in the process of reservation of seats at all. Accordingly, the present petition is dismissed. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.01.16 18:13:27 +0530