1 2025:CGHC:61127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6514 of 2025 1 - Maneesh Kumar Bhagat S/o Rupdev Ram Bhagat Aged About 40 Years R/o Village Neelkanthpur, Post Katima, Tahsil Kusmi District- Balrampur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Schedule Tribe And Schedule Caste Development, Department Mahanadi Bhawan, New Raipur (C.G.) Chairman High Power Certification Scrutiny Committee 2 - Commissioner Member Secretary, High Power Certification Scrutiny Committee Schedule Tribe And Schedule Caste Development Department Block 4-D Ground Floor, Indrawati Bhawan, Atal Nagar, Raipur (C.G.) 3 - Additional Collector Cum Chairman Of District Level Certificates Verification Committee Tribal Development, District- Balrampur - Ramanujganj (C.G.) 4 - Sub Divisional Officer (Revenue) Kusmi District- Balrampur (C.G.) 5 - Anna Tigga W/o Kunjdev Bhagat Aged About 40 Years R/o Village Neelkhanthpur, Tehsil Kusmi District- Balrampur (C.G.) --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. H.S. Ahluwalia, Advocate For State/Respondents No.1 to 4 : Ms. Upasna Mehta, Dy. Govt. Advocate BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.12.18 13:48:46 +0530 2 Hon'ble Shri Justice Parth Prateem Sahu Order On Board 16/12/2025 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That, this Hon’ble Court may be kind enough, in issuing a writ in the nature of certiorari, mandamus or any other likewise writ, directing and commanding the respondent State for calling the entire records related with the subject matter of the writ petition specially about the respondent No.5. 10.2 That, this Hon’ble Court may be kind enough, in issuing a writ in the nature of mandamus or any other likewise writ, directing and commanding the High Power Certification Scrutiny Committee i.e. respondent No.1 and 2 to conclude the enquiry within specified time limit initiated against the respondent No.5 under Section 7 of the Act 2013. 10.3 That, this Hon’ble Court may be kind enough, in issuing a writ in the nature of certiorari, mandamus or any other likewise writ, directing and commanding to take appropriate action against respondent No.5 if her certificate is found to be obtained by playing fraud or cheating. 10.4 Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner.” 2. Learned counsel for petitioner submits that petitioner contested the election of Sarpanch of Gram Panchayat Neelkanthpur, in which, respondent No.5 also participated. Post of Sarpanch was reserved for scheduled tribe candidate. Respondent No.5 was declared as returned candidate and after getting knowledge that caste certificate submitted 3 by respondent No.5 is forged and fabricated one, he filed the election petition U/s. 122 of the C.G. Panchayat Raj Adhiniyam, 1993. It is also contended that petitioner also revealed that earlier also one Sandeep Ekka has submitted an application U/s. 40 of the Adhiniyam, 1993 challenging the caste certificate of respondent No.4 and thereafter, the matter was sent to District Level Certificates Verification Committee and District Level Certificate Verification Committee finding the complaint against respondent No.5 to be correct has forwarded the entire case to High Power Certification Scrutiny Committee, who is the competent authority to pass order. The proceedings was initiated in the year 2021 and since then it is pending consideration, therefore, a direction be issued to respondent No.2 to pass an order in accordance with law expeditiously. 3. Learned State counsel submits that as petitioner is not pressing this petition on merits and only seeking a direction to respondent No.2 to take decision on the pending proceedings against respondent No.5, she is having no objection. 4. I have heard learned counsel for parties and perused the documents placed on record. 5. Taking into consideration the facts and circumstances of the case and further that the proceedings have been initiated against respondent No.5 and after enquiry report, entire matter has been forwarded by the District Level Certificate Verification Committee to the High Power Certification Scrutiny Committee in the year 2021 and further the report as sought for by the High Power Certification Scrutiny Committee from SDO ®, is also submitted in the year 2024, I find it 4 appropriate to dispose of this writ petition directing respondent No.2 to conclude the proceedings of enquiry on the caste of the respondent No.5 in accordance with law expeditiously preferably within further period of six months from the date of receipt of copy of this order. 6. With the aforesaid observations and directions this petition stands disposed of Sd/- (Parth Prateem Sahu) Judge Balram