STATE OF CHHATTISGARH Vs. BALLURAM SAHU

JUDGEMENT

(1.) The appeal is preferred against the order dated 10.01.2020 passed by the learned Single Judge in Writ Petition (C) No.02 of 2020 whereby Annexure P/1 notification dated 10.12.2019 issued under Section 13 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 read with Rule 4 of the Chhattisgarh Panchayat Election Rules, 1995 regarding 'reservation of wards' of the Gram Panchayat, Ghotwani, Janpad Panchayat Saja, District Bemetara and the election proceedings in the said Gram Panchayat have been stayed.

(2.) Heard Shri Jitendra Pali, the learned Deputy Advocate General appearing for the Appellants/State, Shri Bharat Rajput, the learned counsel for the 1 st Respondent as well as Shri Ranbir Singh Marhas, the learned standing counsel for the Election Commission.

(3.) The writ petition was filed on 02.01.2020 (on re-opening of the Court after Winter Holidays) and it came up for consideration on 07.01.2020, 09.01.2020 and 10.01.2020. The prayer sought for was resisted with reference to the election proceedings already set in motion and the mandate of Article 243-O of the Constitution of India, which stipulates that once such process begins, no Court shall interfere and records were produced, as directed by the Court. When the Court asked whether 'drawing of lots' for reservation of wards could be done afresh, it was submitted on the part of the Government that the writ petition itself was not maintainable and this led to the order, whereby the election process came to be stayed by the learned Single Judge.