1 2025:CGHC:4886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 603 of 2025 1 Yogeshwri Sahu W/o Bhanu Pratap Sahu Aged About 38 Years R/o Kopra, P.O. Kopra, P.S. Panduka, Tahsil And Block Rajim, Distt.- Gariyaband (C.G.) ... Petitioner(s) versus 1 The State Of Chhattisgarh Through Secretary, Department Of Urban Administration, Mahanadi Bhawan, Nava Raipur, Distt.- Raipur (C.G.) 2 Director Directorate Of Urban Administration, Indrawati Bhawan, Nava Raipur, Distt. Raipur (C.G.) 3 Chhattisgarh State Election Commission Through Its Secretary, Sector-17, Nava Raipur, Distt.- Raipur (C.G.) 4 Collector (Election) Gariyaband, Distt.- Gariyaband (C.G.) 5 Vishal Kumar Maharana Sub Divisional Officer (R), Sub Division Rajim, Distt.- Gariyaband (C.G.) 2 6 Shyam Lal Verma Chief Municipal Officer, Nagar Panchayat Kopra, Tahsil- Rajim, Distt.- Gariyaband (C.G.) ... Respondent(s) For Petitioner(s) : Shri Rajnish Singh Baghel, Advocate For Respondent(s) / State : Shri Praveen Das, Dy. A.G. For Respondent No. 3 & 4 : Shri R.S. Marhas, Advocate For Respondent No. 6 : Shri Siddhant Das, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 28/01/2025 Heard. 1. By the present writ petition the petitioner is questioning the communication dated 25.01.2025 (Annexure P-1) by which the CMO, Nagar Panchayat, Kopra has rejected the application for grant of “No Dues Certificate” to the petitioner, who is one of the aspirant for post of President, Nagar Panchayat. 2. Learned counsel for the petitioner submits that today is the last day for filing of nomination for the post of ‘President’. He further submits that the enquiry report on the basis of which the CMO, Nagar Panchayat, Kopra has refused to issue the “No dues Certificate” has no such remarks of financial irregularity ( Pg-62) . 3 He further submits that there are several disputes pending between the petitioner and respondent No. 6 (including contempt proceedings which was disposed off) who has rejected the application of the petitioner for grant of “No Dues Certificate”. 3. Learned State counsel along with counsel for respondents No. 3 & 4 submits that the enquiry report is very clear that there are several allegations of financial irregularities against the petitioner when she was Sarpanch of Gram Panchayat, Kopra and one recovery proceeding under Section 92 of the C.G. Panchayat Raj Adhiniyam, 1993 is still pending against the petitioner. 4. I have heard learned counsel for the parties and perused the documents annexed. 5. Perusal of the enquiry report shows that no misappropriation of illegal payments is there, on the basis of which the application for grant of “No Dues Certificate” has been rejected. Even the remarks paragraph of the enquiry report is not the same. Further, as per the submission of the petitioner, there were earlier disputes between the petitioner and respondent No. 6 (including a contempt proceeding which has been disposed off). 6. Looking to the factual matrix and considering the allegation and enquiry report mentioned in the communication dated 25.01.2025, the communication dated 25.01.2025 is quashed and the Collector, Gariyaband is directed to look into the matter and take necessary steps for issuance of “No Dues Certificate” to the 4 petitioner and pass detailed order after providing opportunity of hearing to the petitioner in accordance with law today itself. 7. With the aforesaid observation, the writ petition is disposed off. 8. C.C. today. Sd/- (Bibhu Datta Guru) JUDGE Jyoti