Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5793
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 667 of 2025 1 - Shiv Karsayal S/o Satanand Karsayal Aged About 73 Years R/o 106, Rawan, Ward No. 04, Rawan, Block Simga, Balodabazar, District Baloda Bazar- Bhatapara (C.G.)
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Mantralaya, Naya Raipur, Atal Nagar, Post OfÏce And Police Station Naya Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director Directorate Of Panchayat, Sector-19, North Block, Vikas Bhawan, Ground Floor, Naya Raipur, Atal Nagar, Post OfÏce And Police Station Naya Raipur, Atal Nagar, Distric Raipur (C.G.) 3 - Collector Baloda Bazar-Bhatapara, District Baloda Bazar- Bhatapara (C.G.) 4 - Chief Executive OfÏcer Zila Panchayat, Baloda Bazar- Bhatapara, District Baloda Bazar- Bhatapara (C.G.) 5 - Chief Executive OfÏcer Janpad Panchayat, Simga, District Baloda Bazar- Bhatapara (C.G.) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.01.31 22:31:47 +0530
2 6 - Sub Divisional OfÏcer (Revenue) Simga, District Baloda Bazar- Bhatapara (C.G.)
... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Gautam Khetrapal, Advocate. For Respondent/State : Shri Ritesh Giri, Panel Lawyer. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board 31.01.2025
1. By the present writ petition, the petitioner is questioning the order of reservation made for the post of Sarpanch, Village Rawan, Ward No. 04, Rawan, Block Simga, Balodabazaar, District Balodabazar- Bhatapara, in favour of Scheduled Tribes category. 2. The instant petition has been filed on 27.01.2025, whereas, the notification for conducting the election has already been issued by the Chhattisarh State Election Commission on 20.01.2025 and the same has been duly published in the ofÏcial gazette. 3. At this juncture, it is worthwhile to mention here that under Article 243ZG(b) of the Constitution of India, no election to any Municipality can be called in question except by an election petition presented to a Tribunal as is provided by or under any law made by the Legislature of a State. This would mean that from the date of notification of the election till the date of the declaration of result a judicial hands-off is mandated by the non obstante clause contained
3 in Article 243ZG debarring the writ Court under Articles 226 and 227 from interfering once the election has begun until it is over. 4. In view of the above, the writ petition is dismissed as not maintainable.
Sd/-
(Bibhu Datta Guru) Judge Shoaib