NARESH SINHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner by the instant petition has prayed for quashing of the circular/order dated 30-9-2009 (Annexure P-1) issued by the Panchayat & Rural Development Department, Government of Chhattisgarh, whereby guidelines for allotment and reservation of different posts in Panchayat Elections, 2009 by lot has been circulated. THE petitioner has also impugned the notification dated 20-10-2009 (Annexure P-2) issued in the exercise of powers under Section 13/129 (e) of the C.G. Panchayat Raj Adhiniyam, 1993 (for brevity 'Adhiniyam, 1993') read with Rule 4 of the C.G. Panchayat Elections Rules, 1995 (for brevity 'Rules, 1995') whereby reservation of different Wards of Gram Panchayats Suklabhata & Aamachani of Janpad Panchayat Magarlod has been notified.

(2.) THE Adhiniyam, 1993 was amended vide notification dated 23-5-2008 whereby Section 13 (5) and (6), Section 17 (3), Section 23 (4) and (5), Section 25 (2) (b), Section 30 (4), (5) and Section 32 (2) (b) of the Adhiniyam, 1993 were amended and in place of the word 'one-third', the word 'half has been substituted in all the above provisions of the Adhiniyam, 1993.

(3.) I have heard learned Counsel for the parties.