SARSWATI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The interesting question which arises in this writ appeal is as follows:-

(2.) Factual matrix of the case is as follows:-

(3.) The Panchayat in its wisdom took a view that Section 38 of the C.G. Panchayat Raj Adhiniyam, 1993 (henceforth "Adhiniyam of 1993") would be applicable and they elected one of the lady 'Panchas' Saraswati Bai belonging to OBC category as their Sarpanch. However, the Chief Executive Officer of Janpad Panchayat, Gurur passed an order on 6.7.2015, in which it was mentioned that the post of Sarpanch could not be filled up by election from amongst the 'Panchas' and in terms of Rule 3(2) of the Chhattisgarh Panchayat (Powers and Function of Sarpanch and Up-Sarpanch of Gram Panchayat, President and Vice- President of Janpad Panchayat and Zila Panchayat) Rules, 1994 (henceforth "Rules of 1994"), it is the Up-Sarpanch, who shall carry on the work of Sarpanch till the election is held to fill up the post of Sarpanch.