SMT. JHANKESHWARI CHANDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner is the Vice President of the Nagar Panchayat, Jaijaipur, District Janjgir -Champa. In general elections, one Mahendra Chandra was elected as President of the said Nagar Panchayat. One Balram Chandra preferred WPC No.221/2015 challenging the continuation of Mahendra Chandra as President of the said Nagar Panchayat despite the fact that he has been convicted by the 2nd ASJ, Sakti on 9.1.2015 for committing offences under Sections 332, 147 and 427 of the IPC and sentenced to undergo RI for 2 years, 6 months and 6 months respectively. He has also been convicted under Section 132 of the Representation of the People Act, 1951 and sentenced to undergo RI for 3 months. In yet another Sessions Trial, the said President has been convicted and sentenced to undergo RI for 5 years and 6 months. By interim order dated 11.2.2015 in WPC No.221/2015, this Court restrained the said President from functioning as the President of the Nagar Panchayat.

(2.) The petitioner thereafter preferred WPC No.635/2015 which was disposed of by this Court on 15.4.2015 directing the Collector to decide the pending representation of the petitioner for her nomination as Executive/working President of the Nagar Panchayat. When no steps were taken by the respondents, the petitioner preferred WPC No.1551/2015 which was disposed of on 1.9.2015. In this writ petition, this Court made the following observations in paras - 3 to 7: -

(3.) In the above backdrop, the State Government has passed the impugned order dated 26.10.2015 by exercising powers under Section 37 (2) of the CG Municipalities Act, 1961 (henceforth 'the Act, 1961') nominating respondent No.6 Shri Narendra Prajapati as the person who shall perform the duties of the President of the Nagar Panchayat, Jaijaipur.