MD. RASHID HUSSAIN v. CHHATTISGARH STATE ELECTION COMMISSION
WPS/1550/2020 · 2026-07-29
Shri Sanjay K Agrawal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29790 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29790 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
CGHC010075242020
2026:CGHC:32964
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1550 of 2020 Md. Rashid Hussain, S/o. Late Aabid Hussain, Aged About 61 Years, R/o. Vardafnagar, P.S. P.O. & Tahsil Vardrafnagar, District Balrampur- Ramanujganj, Chhattisgarh.
... Petitioner versus 1 - Chhattisgarh State Election Commission, Through State Election Commissioner, D.K.S. Bhawan, Purana Mantralaya, Parisar, Raipur, District Raipur, Chhattisgarh. 2 – Secretary, Chhattisgarh State Election Commission, D.K.S. Bhawan, Purana Mantralaya Parisar, Raipur, District Raipur, Chhattisgarh. 3- Chief Electoral Officer, Office Of Chief Election Officer, D.K.S. Bhawan, Purana Mantralaya, Parisar, Raipur, District Raipur Chhattisgarh.
4 - Joint Chief Election Officer, Office Of Chief Election Officer, D.K.S. Bhawan, Purana Mantralaya, Parisar, Raipur, District Raipur Chhattisgarh.
ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.07.30 17:28:55 +0530
2 5 - Deputy Director (Finance), Office Of Chief Election Officer, D.K.S. Bhawan, Purana Mantralaya Parisar, Raipur, District Raipur Chhattisgarh. 6 - Collector & District Election Officer, Balrampur Ramanujganj, District Balrampur- Ramanujganj, Chhattisgarh. 7 - Additional Collector, Balrampur Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh. 8 - Sanjay Marai, S/o. Ahibaran Das, Aged About 38 Years, R/o. Near Power House, Namnakala, Ambikapur, P.S. And P.O. Ambikapur, District Surguja, Chhattisgarh.
... Respondents For Petitioner : Ms. Priyanka Mehta, Advocate For Respondent No.6 & 7 : Mr. Amit Buxy, Dy. Govt. Advocate For Respondent No.8 : Mr. Anchal Kumar Matre, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal
Order on Board 30.07.2026
1. Challenge in this petition is to the order dated 18.02.2020, passed by the respondent No.6, by which the petitioner has been demoted to the post of Assistant Grade-II in the office of Collector (Finance- Est.), District Balrampur-Ramanujganj.
2.
Learned counsel appearing for the petitioner submits that without holding any enquiry, the impugned demotion order was issued. She
3 further submits that though the show cause notice was issued and certain documents were asked for, but neither an opportunity of hearing was given to the petitioner nor departmental enquiry was conducted and directly an order of demotion was issued, which is illegal and bad in law, therefore, the same deserves to be set aside.
3. Learned State counsel supports the impugned order dated 18.02.2020 and submits that the writ petition is liable to be dismissed
4. Heard learned counsel for the parties, considered their rival
submissions, and perused the record minutely.
5. Perusal of the record would show that neither the reasonable opportunity of hearing was not given to the petitioner nor departmental enquiry has been conducted and the impugned order of demotion is stigmatic in nature, therefore, the same is hereby set aside. The matter is remitted to the Collector -cum- District Election Officer to consider the matter afresh and to proceed strictly in accordance with law. This Court has not expressed any opinion on merits of the matter.
6. In view of the above, the writ petition stands disposed of.
Sd/- (Sanjay K. Agrawal) Ashok
Judge