1 2026:CGHC:24134 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1712 of 2026 Smt. Rajkumari Raj W/o Timan Singh Raj, Aged About 57 Years R/o Ward No. 6, Bamhanidih P.S. Bamhanidih , District- Janjgir- Champa (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Urban Administration And Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - Chhattisgarh State Election Commission, Through The State Election Commissioner D.K.S. Bhawan, Old Mantralaya, Raipur, District- Raipur (C.G.) 3 - The Collector, District- Janjgir - Champa (C.G.). ... Respondents ------------------------------------------------------------------------------------------------- For the Petitioner : Mr. Harishankar Patel, Advocate. For the State : Mr. Shobhit Mishra, Dy. GA. For the Election Commission : Mr. Rakesh Kumar Jha, Advocate ------------------------------------------------------------------------------------------------- Hon'ble Mr. Amitendra Kishore Prasad, Judge Order on Board 16.06.2026 1. The instant petition has been filed under Article 226 of the Constitution of India with following reliefs: 2 “RELIEF SOUGHT:- 10.1 That this Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 17.12.2025 (Annexure P/1) and notice dated 08.06.2025 (Annexure P/6). 10.2 That this Hon'ble Court may kindly be pleased to direct the respondents to provide reservation for scheduled tribe category in Nagar Panchayat, Bamhanidih, District-Janjgir-Champa (C.G.). 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 10.4 That, the Hon'ble Court may kindly be pleased to set-aside/quash the impugned order dated 08.05.2026 (Annexure P/11) with all consequential proceedings.” 2. By way of this petition, the petitioner has challenged the impugned order dated 17.12.2025 (Annexure P/1), whereby respondent No.3/Collector has rejected the representation/application filed by the petitioner for reserving at least one post of ‘Councilor’ under the Scheduled Tribe in election of upgraded Nagar Panchayat, Bamhanidih. Respondent No.3 while reserving the seats for the post of Councilor, has not provided any reservation for Scheduled Tribe category in newly upgraded Nagar Panchayat, Bamhnidih, which is against the provisions of Article 14, 16 & 21 of the Constitution of India. Hence this petition. 3 3. Learned counsel for the petitioner submits that the petitioner is permanent resident of Nagar Panchayat, Bamhanidih. Earlier the Gram Panchayat, Bamhanidih was in existence and petitioner was elected as Sarpanch of Gram Panchayat, Bamhanidih under Scheduled Tribe (Female Category). Subsequently, Gram Panchayat, Bamhanidih has been upgraded into Nagar Panchayat, Bamhanidih. Vide notification dated 04.03.2025, respondent No.1 has bifurcated the Nagar Panchayat, Bamhanidih in total 15 wards. The State Government has framed rules namely Chhattisgarh Municipalities (Reservation of Wards for Scheduled Caste, Scheduled Tribe, Other Backward Classes and Women) Rules, 1994 for reservation of wards of Municipality. Pursuant to said Rules of 1994, respondent no.3 has issued notice dated 08.06.2025 regarding reservation of wards of Nagar Panchayat, Bamhanidih, whereby no reservation was provided for the scheduled tribe category, to which, on 30.06.2025 petitioner has filed the representation before respondent no.3 for providing reservation of ward for scheduled tribe category, so that, member of scheduled tribe may be able to contest election for the post of councilor, but no action/steps has been taken by respondent no.3, therefore, petitioner preferred the writ petition (Writ Petition (C) No. 4748/2025) before this Court, which was disposed of vide order dated 08.09.2025 with a direction to respondent no.3 to decide the pending application/representation of the petitioner. Vide impugned order dated 17.12.2025, respondent no.3 has erroneously 4 arbitrarily and illegally rejected the representation of petitioner, without proper application of mind. Learned Counsel further contended that during pendency of the instant writ petition, without reserving any post of Councilor for scheduled Tribe, respondent no. 2 has issued the order dated 08.05.2026, whereby scheduled the date for conducting election for the post of Councilor of Nagar Panchayat, Bamhanidih, thereby the petitioner who is willing to contest election under Scheduled Tribe category, is being deprived from contesting the election, which is in violation of statutory provisions of law. According to the said order, the election has been scheduled to be held on 01.06.2026. According to census of year 2011, there are total 368 scheduled tribe voters in Ward No. 14, which is 29% of total voters of Ward No. 14 and at present, the voters under scheduled tribe category of Ward No. 14 have been increased, therefore at least the Ward No. 14 should be reserved for scheduled tribe (female category). Hence, petitioner has came-up before this Court with aforesaid prayer/reliefs. 4. Learned State Counsel opposes the submission of counsel for the petitioner and would submits that the petitioner is neither a contestant nor a party which involved in the election proceedings though he has filed this petition. Hence, no relief can be granted to the petitioner. 5 5. Heard learned counsel for the parties and perused the instant petition. 6. On perusal of order dated 17.12.2025, it appears that upon application filed by the petitioner, the Collector cum District Election Officer has considered the entire aspects of the matter and after due consideration passed an order dated 17.12.2025 which in the considered opinion of this Court is in accordance with law and not required to be interfered with, as such, there is no merit in this petition. 7. Accordingly, the instant petition is hereby dismissed. CC as per rules. Sd/- (Amitendra Kishore Prasad) Judge J.