1 2025:CGHC:6622 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 944 of 2025 1 - Guddu Lal Jagat S/o Shri Bhagwat Jagat Aged About 46 Years (Additional Collector) Posted At Bemetara District Bemetara R/o Village Manikchauri Tah. Masturi District - Bilaspur (C.G.). ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Urban Administration And Development Department Mantralay Mahanadi Bhawan Nava Raipur, District Raipur (C.G.). 2 - State Election Commission Through Secretary, State Election Commission, Atal Nagar, New Raipur District Raipur (C.G.). 3 - The Commissioner Durg Division Durg District Durg (C.G.). 4 - The Collector, Bemetara District Bemetara (C.G.). ... Respondent(s) (Cause Title is taken from CIS System) For Petitioner : Mr. Dheerendra Pandey, Advocate. For State : Ms. Poorva Tiwari, Panel Lawyer For Respondent No. 2 : Mr. Samrath Singh Marhas, Advocate appearing on behalf of Mr. R. S. Marhas., Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 05/02/2025 1. Challenge in this writ petition is to the order dated 20.01.2025 (Annexure-P/1) passed by the respondent No. 4 / Collector cum District Election Officer (Local Bodies Election), Bemetara, Distt. - Bemetara (C.G.). 2. Petitioner has filed this writ petition seeking following reliefs : 2 i) That this Hon'ble Court may kindly be pleased to Quashed the order dated 20.01.2025 passed by respondent no.4 (Annexure-P/1) and direct the respondent authorities to consider the case of the petition and issued the fresh order for appointment returning officer as per Gazette notification dated 20.09.2024 as well as order dated 20.01.2025 passed by respondent no. 2 ii) That this Hon'ble Court may kindly be pleased to call entire record pertaining to appointment of the returning officer. Iii) Cost of the the petition may also be granted to the petitioner. (iv) That, any other relief, which the petitioner is entitled and this Hon'ble court deems it fit may kindly, be granted to the petitioner.” 3. Learned counsel for petitioner submits that respondent No. 4 / Collector cum District Election Officer (Local Bodies Election), Bemetara, Distt. - Bemetara (C.G.) has not appointed petitioner as Returning Officer as per Gazette notification dated 20.09.2024 as also the order dated 20.01.2025 in which, it has been categorically stated that for appointment of Returning Officer, Municipal Corporations outside the District Headquarters, Additional Collector is having authority and in absence of Additional Collector, Joint Collector / Assistant Collector / Deputy Collector / Sub-Divisional Officer (Revenue) are having authority, however, in the case at hand, it has been ignored and Collector / District Election Officer has passed order of appointment with respect to Returning Officer and Assistant Returning Officer which is not in accordance with law. 4. On the other hand, learned State counsel submits that respondent 3 No. 4, being District Election Officer, has rightly passed the order dated 20.01.2025 which is in accordance with law and no case is made out for interference by this Court. 5. I have heard learned counsel for the respective parties as also perused Gazette notification dated 20.09.2024. 6. Perusal of Gazette notification dated 20.09.2024 would categorically states that District Election Officer is competent to pass order for appointment of Returning Officer as well as Assistant Returning Officer. In order to assist District Election Officer, assistance and cooperation of Additional Collector / Joint Collector / Assistant Collector / Deputy Collector / Sub-Divisional Officer (Revenue) can be taken. Perhaps, petitioner has misunderstood Gazette Notification Dated 20.09.2024 and has wrongly applied the provisions. 7. In view of the above, this Court is of the opinion that impugned order dated 20.01.2025 (Annexure-P/1) has rightly been passed by the respondent No. 4 / Collector Collector cum District Election Officer (Local Bodies Election), Bemetara, Distt. - Bemetara (C.G.), as such, no interference is called for by this Court. 8. With the aforementioned observation, this writ petition is dismissed. Sd/- (Amitendra Kishore Prasad) Judge Shayna Digitally signed by SHAYNA KADRI