The court disposed of a writ petition challenging the reservation of a Sarpanch post for a Scheduled Tribe female. The court directed the authorities to dereserve the post if no eligible candidate from the Scheduled Tribe category is available.
Directed the respondents to dereserve the post of Sarpanch if no Scheduled Tribe candidate is available.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPC No. 16 of 2020
Dilip Kumar Bhaskar S/o Shri Rishiram Bhaskar Aged About 33 Years R/o Village Manikpur, Gram Panchayat Singhanpuri, Tahsil Lormi, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, P. O. Rakhi, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
2. Director Directorate Of Panchayat, Indrawati Bhawan, Mantralaya, P. O. Rakhi, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh
3. The Collector Office Of Collector, District Mungeli Chhattisgarh
4. Sub Divisional Officer (Revenue) Lormi, District Mungeli Chhattisgarh
5. Tahsildar Lormi, District Mungeli Chhattisgarh
6. Janpad Panchayat Lormi Through Its Chief Executive Officer Office Of The Janpad Panchayat, Lormi, District Mungeli Chhattisgarh
7. District Election Officer (Panchayat) Office Of The District Election Officer (Panchayat) Mungeli, District Mungeli Chhattisgarh,
---- Respondents
For Petitioner : Shri Anish Tiwari, Adv. For State : Shri Jitendra Pali, Dy. A.G. For Respondent/s : Shri R.S. Marhas, Adv.
Hon'ble Shri Justice P. Sam Koshy Order on Board
03.01.2020
1. The grievance of the petitioner in the present writ petition is to the
2. The sole contention of the counsel for the petitioner is that in the entire gram panchayat there is no female person belonging to the
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scheduled tribe category available. Therefore, the action on the part of the respondents reserving of a post for which there is no person available is bad-in-law.
3. The State counsel on instruction submits that the said gram panchayat was put into draw of lots taking into consideration the census of 2011 wherein there was one person of the Scheduled caste category available.
4. According to the counsel for the petitioner, the said one person was a shiksha karmi who has since been transferred and there has been no further person of the scheduled tribe category available in the entire village.
5. To this, the State counsel submits that he has instructions from the State authorities that in the event if there is no person to fill up the form for the post of Sarpanch belonging to the scheduled tribe category then the matter would be referred to the State Election Commission with an appropriate direction for dereserving the said gram panchayat considering the population of the said gram panchayat.
6. Given the said submission by the State counsel, this Court is of the opinion that no fruitful purpose would be served in keeping the writ petition pending rather ends of justice would meet, if the respondent authorities are directed to take into account the rules and regulation governing the field. If they do not have any candidate belonging to the scheduled tribe for the post of sarpanch and for the said reason of there being no candidate available for the said post from the
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scheduled tribe category a decision be taken at the earliest dereserving the said post.
7. With the aforesaid direction, the present
Writ Petition stands disposed off.
Sd/-
(P. Sam Koshy) Judge
Jyotijha
1 issue framed by the court
Whether there is a female Scheduled Tribe member available for the post of Sarpanch in the Gram Panchayat of Singhanpuri.
1 provisions across 1 enactments
Dilip Kumar Bhaskar
State Of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
