1 2025:CGHC:59639 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6351 of 2025 1 - Yuvraj Choudhary S/o Shri Tejram Choudhary Aged About 41 Years Member Of Janpad Panchayat Baramkela, Area No. 1, R/o Salhetona, Tahsil And P.S. Sariya, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 9340199361 2 - Smt. Pooja Chouhan W/o Santosh Chouhan Aged About 27 Years Member Of Janpad Panchayat Baramkela, Area No. 3, R/o Bilaigarh (A), Tahsil And P.S. Sariya, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 6264402972 3 - Smt. Subhasini Barik W/o Gautam Barik Aged About 49 Years Member Of Janpad Panchayat Baramkela, Area No. 4, R/o Lipty, Tahsil And P.S. Sariya, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 8103525561 4 - Onkar Patel S/o Thakur Ram Patel Aged About 41 Years Member Of Janpad Panchayat Baramkela, Area No. 8, R/o Kondola, Tahsil And P.S. Sariya, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 9893469997 5 - Tarachand Patel S/o Shri Fagulal Patel Aged About 53 Years Member Of Janpad Panchayat Baramkela, Area No. 13, R/o Bikram Pali, Tahsil Baramkela And P.S. Sariya, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 7000297031 6 - Dhaneshwari Sarthi D/o Kanhaiya Lal Sarthi Aged About 21 Years Member Of Janpad Panchayat Baramkela, Area No. 18, R/o Lendhra, Tahsil And P.S. Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.12.12 11:06:32 +0530 2 9993974830 7 - Smt. Girija Patel W/o Dileshwar Patel Aged About 40 Years Member Of Janpad Panchayat Baramkela, Area No. 19, R/o Semikot, Tahsil And P.S. Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 7879260207 8 - Smt. Neelam Patel W/o Kishor Patel Aged About 45 Years Member Of Janpad Panchayat Baramkela, Area No. 20, R/o Chhuhipali, Tahsil And P.S. Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 7898309001 9 - Smt. Shakuntala Shriwas W/o Durga Prasad Shriwas Aged About 39 Years Member Of Janpad Panchayat Baramkela, Area No. 23, R/o Dulopali, Tahsil Baramkela And P.S. Dongaripali, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 9479226987 10 - Smt. Sushila Bariha W/o Sampat Bariha Aged About 43 Years Member Of Janpad Panchayat Baramkela, Area No. 24, R/o Jognipali, Tahsil Baramkela And P.S Dongaripali, Distt. Sarangarh Bilaigarh, Chhattisgarh, Mo. No. 8815361221 ... Petitioners versus 1 - State Of Chhattisgarh Through Secretary, Department Of Panchayat, Mahanadi Bhawan, New Mantralaya Raipur, Tahsil And Distt. Raipur, Chhattisgarh. 2 - Collector Sarangarh, Distt. Sarangarh Bilaigarh, Chhattisgarh. 3 - Chief Executive Officer Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 4 - Smt. Radha Sidar W/o Vinod Sidar Aged About 28 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 5 - Smt. Anita Pradhan W/o Sambhunath Pradhan Aged About 30 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 3 6 - Anand Sa S/o Gajadhar Sa Aged About 51 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 7 - Smt. Deepmala Jangade W/o Anil Jangade Aged About 40 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 8 - Dr. Vidya Chouhan W/o Kishor Chouhan Aged About 35 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 9 - Ghanshyam Ijardar W/o Bhanwarsing Ijardar Aged About 52 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 10 - Smt. Tulasi Patel W/o Abhimanyu Patel Aged About 40 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 11 - Laxmicharan Sidar S/o Ghasiya Sidar Aged About 40 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 12 - Smt. Chanda Miri W/o Ujjwal Miri Aged About 44 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 13 - Smt. Kaushalya Naik W/o Pawan Naik Aged About 45 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 14 - Smt. Rajani Mahendra Ekka W/o Mahendra Ekka Aged About 30 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 15 - Smt. Yashoda Verma W/o Rohit Verma Aged About 45 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 16 - Smt. Ganeshi Chouhan W/o Chamra Chouhan Aged About 46 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 4 17 - Hemkunwar Chouhan W/o Punitram Chouhan Aged About 48 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. 18 - Vishwadev Bhoi S/o Upendra Bhoi Aged About 30 Years Member Of Janpad Panchayat Baramkela, Distt. Sarangarh Bilaigarh, Chhattisgarh. ... Respondents For Petitioners : Mr. Ratnesh Kumar Agrawal, Advocate For State : Mr. Rishabh Bisen, Panel lawyer Caveator/Respondent no. 11and 18 : Mr. Siddharth Pandey, Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09.12.2025 1. This writ petition has been filed by petitioners under Article 226 of the Constitution of India, seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to call for entire records of the case, from the authorities. 10.2 That, this Hon’ble Court may kindly be please to quash the resolution dated 14.11.2025 passed by the General Administration Committee of the respondent no. 3(Annexure P/1), is in the interest of justice. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award fo the costs of the petition may be given.” 2. Learned counsel for respondent no. 11 and 18/Caveator raises an objection with regard to the maintainability of this writ petition on the ground that grievance of petitioner is against the resolution passed by Janpad Panchayat, therefore, according to the Chhattisgarh Panchayats 5 (Appeal and Revision) Rules, 1995 petitioners are having an efficacious alternate remedy available to them under the Rule 3 before the Collector- Sarangarh /Respondent no. 2 3. At this stage, learned counsel for petitioners would submit that petitioners have approached this Court on the ground that resolution was passed without any authority like the Chairman of Committee was not appointed and, therefore, this writ petition is filed. He submits that according to Section 47 of the Panchayat Raj Adhiniyam every committee has to be chaired by the chair person. In this case, from the proceedings of meeting of resolution it is apparent that no chairman has been nominated to preside over the meeting and, therefore, there is no meeting of the General Administrative Committee in accordance with provision under Section 47 of Panchayat Raj Adhiniyam. In support of his contention he referred to provision under Section 47, 47(3) and 47(5) of the Act of 1995. 4. Learned counsel for respondent no. 1 and 2/State submits that State is not a contesting party and it is elected members like respondent no. 4 to 8. 5. Learned counsel for respondent no. 11 and 18/caveator would submit that under proviso of Section 47(5) it is provided that president of Janpad Panchayat or Zila Panchayat as the case may be shall be ex- officio chairperson of the General Administrateive Committee. From Annexure P-1 it is apparent that on the date of meeting when the resolution was passed President of the Janpad Panchayat was very well present and proceedings of the meeting was initiated with the permission of president and, therefore, it cannot be said that the 6 meeting was conducted without their being any chairman of the committee. 6. I have heard learned counsel for respective parties and perused the documents enclosed along with this writ petition. 7. The sole contention which is raised by counsel for petitioner to approach this Court by filing this writ petition under Article 226, by passing the appellate remedy available under Panchayat Raj Adhiniyam 1993 is that, the meeting was not conducted in accordance with provision under Section 47 and, therefore, there is no meeting in the eyes of law for passing a resolution. 8. Perusal of Section 47 of the Act of 1993 would show that it talks of standing committees of Janpad Panchayat and Zila Panchayat. Section 47(1)(a) provides for General Administration Committee which reads as under: 47. Standing Committee of Janapad Panchayat and Zila Panchayat.- (1) Every janapad panchayat and every zila panchayat shall from amongst its [elected members] constitute the following standing committees, namely:- (a) General Administration Committee.- For all matters connected with establishment and service of Janapad or Zila Panchayat Administration, Integrated Rural Development Programme Planning, Budget, Accounts, Taxation and other financial matters and subjects not covered by the functions allotted to any other committee; 9. Section 47(3) envisages that “General Administrative Committee” shall consider all the chairman of all standing committee specified in Section 47(1) and constitutes under Section 47(2). Section 47(5) talks every committee accept General Administrative Committee and the Education Committee shall elect from among its elected members its chairman within such time and in such manner as prescribed. From the language 7 used under Section 47(5) it is explicit clear that exception is made for General Administrative Committee which means that except for the General Administrative Committee and the Education Committee the elected members has to elect the chairperson within such time and in such manner. Further under proviso to Section 47(5) it is provided that President of Janpad Panchayat as in this case shall be ex-officio chairman of the General Administrative Committee. 10. In the aforementioned facts of the case and unambiguous language of provision under Section 47(5), further that the President of the Janpad Panchayat participated in the meeting and with his permission the proceedings of meeting started and resolution is passed, submission made by counsel for petitioner that resolution passed in the meeting dated 14.11.2025 is without there being any chair person is not sustainable, accordingly it is repelled. 11. For the aforementioned reasons, I do not find any good ground to entertain this writ petition, accordingly, it is dismissed. Certified copy as per rules. sd/- (Parth Prateem Sahu) JUDGE alfiza