1 / 5 2026:CGHC:1827 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 155 of 2026 Prakash Meshram S/o - Damaji Meshram Aged About 55 Years Posted As Chief Executive Officer, Janpad Panchayat Saraipali District Mahasamund (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 2 - Under Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Atal Nagar District Raipur (C.G.) 3 - Chief Executive Officer Zila Panchayat Mahasamund District Mahasamund (C.G.) 4 - Rajesh Sahu In-Charge Chief Executive Officer, Janpad Panchayat Raigarh District Raigarh (C.G.) 5 - Election Commission Of India Through Its Chief Electoral Officer, D.K.S. Bhawan, Old Mantralaya Premises Indravati Block, Shahshti Chowk, Raipur, District Raipur (C.G.) ... Respondents ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.13 18:25:19 +0530 2 / 5 For Petitioner : Mr. Mateen Siddiqui, Advocate For State : Mrs. Smita Jha, Panel lawyer Caveator : Mrs. Priyanka Rai For Respondent no. 5 Mr. Rakesh Kumar Jha, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 13/01/2026 1. Petitioner has filed this writ petition seeking following reliefs: “10.1 That this Hon’ble Court may kindly be pleased to set- aside/quash the impugned transfer order Dated 16.12.2025 issued by respondent Under Secretary, Panchayat & Rural Development Department (Annexure P/1) in respect of the petitioner. 10.2 To kindly grant any other writ/writs, order/orders, relief/reliefs in favour fo the petitioner, which the Hon’ble Court fit & just in the facts and circumstances of the case, including awarding of the costs of the petitioner.” 2. Learned counsel for petitioner submits that petitioner is holding the post of Chief Executive Officer Janpad Panchayat, Saraipali District Mahasamund pursuant to order dated 16.12.2025. Petitioner was transferred on the post of In-charge Assistant Project Officer, Janpad Panchayat, Durg. He submits that the post of Assistant Project Officer is to be filled by either direct recruitment or by deputation. There is no order of posting of the petitioner on deputation. He next submits that the petitioner is also engaged in a Special Intensive Revision (SIR) as AERO (Assistant Electoral Returning Officer) and, therefore, transfer of petitioner without prior permission of Election Commission is bad in 3 / 5 law. He also submits that in view of above impugned order of transfer of petitioner may be set-aside. Petitioner is still working on earlier place of posting i.e. Chief Executive Officer, Janpad Panchayat, Saraipali, District Mahasamund. He further submits that petitioner has also filed a document along with covering memo to show that Chief Electoral Officer by letter dated 19.12.2025 addressed to Secretary requesting for cancelling the order of transfer of employees who have been deputed as AERO and employees deputed in the SIR work. He lastly submits that petitioner was earlier transferred on 16.10.2025 and within a period of two months only this transfer order is again issued which is contrary to the transfer policy of State Government. 3. Learned counsel for State submits that in this writ petition petitioner has challenged the order of transfer issued by State Government and according to transfer policy petitioner is having the remedy to file representation under the Committee constituted under Transfer Policy. From the documents enclosed along with this writ petition, it is reflecting that petitioner has not submitted any representation as provided under the Transfer Policy. 4. Mr. Rakesh Kumar Jha, learned counsel for Election Commission do not oppose the submission made by learned counsel for petitioner with regard to issuance of letter by Chief Electoral Officer requesting for cancelling of transfer order of employees engaged in SIR work and further submitting that if employees is to be transferred then prior permission is to be sought from Chief Election Officer. 5. Mrs. Rai learned counsel for respondent no. 4 submits that she has filed caveat and according to her instructions respondent no. 4 gave 4 / 5 his joining at head quarters i.e. the office of the Chief Executive Officer, Zila Panchayat, however, upon putting a query, counsel for respondent no. 4 fairly submits that petitioner has received no orders for posting from the head quarters. Be that as it may. 6. I have heard learned counsel for respective parties. 7. The main contention of petitioner is that the post on which petitioner is stated to be transferred i.e. Assistant Project Officer Janpad Panchayat is supposed to be filled up by deputation or by direct recruitment. Further petitioner is deputed as AERO in SIR work and according to the directives of Election Commission the person engage in SIR work is not to be transferred, without prior permission of the Election Commission. The Chief Electoral Officer has already written letter to State Government requesting to cancel the order of transfer of employees engaged in SIR work. 8. In above facts of the case, I find it appropriate to dispose of this writ petition at this stage, permitting petitioner to submit a comprehensive representation along with all relevant documents before the committee constituted under the transfer policy within a period of 10 days and in the event petitioner submits such representation the concerned committee shall consider and take decision taking into consideration all the grounds to be raised by petitioner as also considering the letter issued in this regard by Chief Electoral Officer on 19.12.2025 expeditiously, preferably within a further period of three weeks from the date of receipt of the representation. 9. As submitted by counsel for the petitioner that petitioner is still working on the earlier post i.e. the Chief Executive Officer, Janpad Panchayat, 5 / 5 Saraipalli, District Mahasamund, till date, it is directed that the effect and operation of impugned order so far as it relates to petitioner shall remain stayed till the decision on the representation. 10. With the aforesaid observation and direction, this writ petition stands disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza