ALOK SINGH Vs. NARESH KUMAR KAUSHIK

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India has been preferred to call in question the order passed by the Director Panchayat C.G. Raipur (the Election Tribunal under the C.G. Panchayat Raj Adhiniyam 1993) on 13.04.2011 (Annexure P-1) by which the Election Tribunal has allowed the preliminary objection raised by respondent no.1 and has dismissed the election petition preferred by the petitioner.

(2.) INDISPUTABLY , the petitioner and respondents 1 to 6 contested the election held on 03.02.2010 for the post of member of Zila Panchayat Constituency No.3 Bilha, District Bilaspur, wherein respondents no.1 was declared elected. To challenge the said election, petitioner preferred an election petition u/s 122 of the Adhiniyam 1993 mainly on the ground that while respondent no.1 was Sarpanch of Gram Panchayat Parsada during the period from 2000 to 2005 he was removed u/s 40 of the Adhiniyam, 1993 vide order dated 30.03.2002, but continued in his office by virtue of stay order granted by the Additional Collector, Bilaspur, vide order dated 15.04.2002 and the appeal was eventually dismissed on 22.2.2005 and respondent no.1 having not preferred any further appeal or revision, the order of his removal has attained finality. However, despite being disqualified and ineligible for contesting any election to any Panchayat, he filled up his nomination paper which was wrongly accepted by the Election Officer and thus his election deserves to be set aside.

(3.) THE only legal question to be considered is whether the period of disqualification of six years as provided u/s 40 of the Adhiniyam would operate from the date when respondent no.1 was removed from the office of Sarpanch or the said disqualification for a period of six years would commence from the date when his appeal was dismissed by Addl. Collector, during pendency of which, there was a stay on the implementation of the order of removal.