PRADEEP KUMAR XESS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner herein, who is member of Janpad Panchayat, Balrampur, has called in question the election of respondent No.4 herein on the post of President, Janpad Panchayat, Balrampur. For the post of President, Janpad Panchayat, Balrampur, election was notified by the Collector, Balrampur on 13-6-2017 fixing the date of election as 21-6-2017, on that day, election was held and respondent No.4 was declared elected. The result was declared on 21-6-2017 itself. The petitioner filed writ petition on 28-6-2017 stating inter alia that election for the post of President, Janpad Panchayat, Balrampur was not notified by the State Election Commission in accordance with Rule 89 of the Chhattisgarh Panchayat Nirvachan Niyam, 1995 (for short, 'the Rules of 1995') and, therefore, the election held is unconstitutional and declared to be void.

(2.) Learned counsel for the petitioner would submit that unless the election is notified under Rule 89 of the Rules of 1995, no election could have been held on the post of President and, therefore, the election so held is unsustainable and it be declared void.

(3.) Learned State counsel would submit that there is a constitutional provision which bars the interference of courts in electoral matters and refers to Article 243-O of the Constitution of India which provides that notwithstanding anything in this Constitution, no election to any Panchayat shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the Legislature of a State.