1 2026:CGHC:7579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 582 of 2026 1 - Krishna Bhoy S/o Shri Bibhishan Bhoy Aged About 45 Years (Returned Candidate Of Sarpanch Of Gram Panchayat Navapali) R/o Village Sutupali, Gram Panchayat Navapali, Tehsil Pusaur, District Raigarh Chhattisgarh ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 2 - The State Of Chhattisgarh Through The Secretary, Department Of Tribal Affairs, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 3 - The State Of Chhattisgarh Through The Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 4 - The Commissioner Tribal And Schedule Caste Development Department, North Block, Sector-19, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh 5 - The Collector District Raigarh Chhattisgarh 6 - The Assistant Commissioner Tribal Welfare Department, Raigarh, District Raigarh Chhattisgarh 7 - The Sub Divisional Officer (R) Raigarh, District Raigarh Chhattisgarh 8 - The Tahsildar Pusaur, District Raigarh Chhattisgarh NIRMALA RAO 2 9 - The Zila Panchayat Raigarh Through Its Chief Executive Officer, District Raigarh Chhattisgarh 10 - The Janpad Panchayat, Pusaur Through Its Chief Executive Officer, Block Pusaur, District Raigarh Chhattisgarh 11 - Pramod Barik S/o Shri Rohit Barik Aged About 28 Years Caste Dhobi, Category Other Backward Class (Obc), Presently Working As Sarpanch Of Gram Panchayat Navapali, R/o Village Sutupali, Gram Panchayat Navapali, Block Pusaur, District Raigarh Chhattisgarh ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Petitioner : Shri Roop Naik, Advocate. For Respondent/ State : Shri Vinay Pandey, Dy.A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11.02.2026 1. The petitioner has filed this petition seeking the following reliefs: “10.1) That, this Hon'ble Court may kindly be pleased to issued appropriate writs/orders/directions to conduct the enquiry / investigation the caste of respondent No. 11 as per Rules and guideline issued by the Hon'ble Supreme Court and also take punitive action against the respondent No. 11 if it is found that the respondent No. 11 has prepared the false and fabricate caste certificate. 10.2) That, this Hon'ble Court may kindly be pleased to issued appropriate writs/orders/directions against the respondent state authority to declare disqualify the respondent No. 11 from the post of Sarpanch of Gram Panchayat Navapali, Block Pusaur, District Raigarh (C.G.). 10.3) That, this Hon'ble Court may kindly be pleased to issued appropriate writs/orders/directions to the respondent state authority / Collector District Raigarh to decide the 3 representation of the petitioner by constituted the Caste Scrutiny Committee in accordance with law and pass the reasoned order. 10.4) That, this Hon'ble Court may kindly be pleased to issue any other suitable writ/orders/directions in favour of the petitioner looking to the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that the returned candidate i.e. respondent No.11 does not belonged to a member of Schedule Tribe category whereas, the office of Sarpanch of Gram Panchayat Navapali was reserved for a member of Scheduled Tribe category. He would submit that on the basis of a forged caste certificate, respondent No.11 contested the election and was elected. He would submit that a complaint has been made before the Collector to enquire into the social status of respondent No.11 but till date, no action has been taken. 3. On the other hand, learned counsel for the State would submit that the Collector has no jurisdiction to enquire into the social status of an individual. He would submit that according to the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Rules of 2013 (for short Rules, 2013), the petitioner should approached the Competent Authority mentioned in Rule 14 of the Rules, 2013. He would submit that the petition is misconceived. 4. I have heard learned counsel for the parties and perused the documents present on record. 5. As the petitioner has sought for an enquiry on the social status of the returned candidate i.e. respondent No.11 and in this regard, a 4 complaint was made before the Collector but as the Collector is not a Competent Authority to enquire into the social status of an individual and the prescribed authority is prescribed under Rule 14 of the Rules, 2013, therefore, in my opinion, this petition is not maintainable and is accordingly dismissed. However, the petitioner would be at liberty to move an appropriate application before the Competent Authority mentioned in Rule 14 of the Rules, 2013 and in turn, the said authority is directed to consider and decide the representation so made by the petitioner in accordance with law after affording due opportunity of hearing to the interested parties. Sd/- Sd/- (Rakesh Mohan Pandey) Judge Nimmi