RAM DAS SINGH Vs. BALRAM SINGH

JUDGEMENT

(1.) THE present writ petition filed under Article 226/227 of the Constitution of India challenges the correctness and validity of the order dated 18-5-2006 (Annexure P-1) passed by the Sub Divisional Officer, (R.), Manendragarh, District Koria in Election Appeal No. 234/B [2]/2004-2005, whereby the election of the petitioner (non-applicant No. 1 in the Court below) on the post of Sarpanch was set aside and the office of the Sarpanch in the Gram Panchayat, Muktiyarpara was declared as vacant.

(2.) THE indisputable facts in brief and steps leading to this petition are that the petitioner was elected as Sarpanch of the Gram Panchayat, Muktiyarpara Tehsil Manendragarh, District Koria, held on 20-1-2005. THE respondent No. 1 (election petitioner) filed a petition under Section 122 of the Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as "the Adhiniyam, 1993") seeking a relief that the election of the writ petitioner be declared as void and unlawful on the ground that the third child of the petitioner was born after 26-1-2001, which is a disqualification for being an office-bearer of Panchayat as prescribed under Section 36(m) of the Adhiniyam, 1993. THE Sub Divisional Officer, in the election petition, filed under Section 122 of the Adhiniyam, 1993, declared the election of the petitioner as void and the office of Sarpanch of the Gram Panchayat, Muktiyarpara was declared vacant.

(3.) SHRI Anurag Dayal SHRIvastava, learned Counsel appearing for the petitioner would submit that the compliance of Rule 5 and Rule 7 are mandatory. Failure to comply with the statutory requirement leads to dismissal of the petition under Rule 8 of the Rules, 1995. It was further contended that the election petitioner (respondent No. 1) has moved an application on 16-8-2005 before the specified officer for withdrawing the election petition. The said application was dismissed and the Sub Divisional Officer proceeded with the case, which is not permissible in law. It was further contended that the election petition has been decided without framing proper issues.