SANGEETA MANOHAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner has filed the present petition and prayed for the following reliefs:-

(2.) This writ petition has been filed to challenge the order dtd. 20/4/2022 passed by the learned Commissioner, Division Raipur, Raipur whereby he has admitted the petition filed by the petitioner challenging no-confidence motion passed against her for the post of President, Janpad Panchayat, Bhatapara by invoking jurisdiction under Sec. 28 (4) Chhattisgarh Panchayat Raj Adhiniyam 1993 (hereinafter referred to as the "Act 1993 "), however the Commissioner has not considered the application for interim relief as the election has been scheduled on 21/4/2022 at 11 AM.

(3.) Learned counsel for the petitioner submits that when the learned Commissioner admits the petition, it cannot be left pending for getting infructuous the lis without deciding the interim relief. As the learned Commissioner has not considered the vital issue in the impugned order dtd. 20/4/2022, therefore, the petitioner has left with no other option but to challenge the same by invoking writ jurisdiction and prays to stay the election to be held on 21/4/2022, otherwise the purpose of filing the instant petition would be frustrated therefore, the petitioner prays to pass an appropriate order and also to stay the election to be held on 21/4/2022.