Dismissed

Puneshwar Nath Mishra v. State of Chhattisgarh

Chhattisgarh HC17 Nov 2025WPC/209/2020

Case brief

AI extract

What is this about?

Writ petition seeking quashing of reservation provisions of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 and capping panchayat election reservation at 50% was dismissed as withdrawn after a Gazette Notification dated 11 April 2025 redressed most grievances. Petitioner was granted liberty to file a separate petition challenging the Chhattisgarh Panchayat Rajya (Amendment) Act, 2025 if any exigency arises.

What the court decided

AI extract

Puneshwar Nath Mishra Vs State of Chhattisgarh — Election Law | Chhattisgarh HC (2025)

2025:CGHC:56068-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPC No. 209 of 2020

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1 - Puneshwar Nath Mishra S/o Late Girish Kumar Mishra Aged About 29 Years R/o Bajrang Chowk, Bramhanpara, Kasdol, Tehsil Kasdol, District Baloda BazarBhatapara Chhattisgarh, District : Balodabazar-Bhathapara, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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2 - Union Of India Through The Secretary, Department Of Social Justice And Empowerment, Shastri, Bhawan, New Delhi, District : New Delhi, Delhi

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3 - The Secretary Government Of Chhattisgarh, General Administrative Department, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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4 - The Secretary Government Of Chhattisgarh, Department Of Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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5 - The Commissioner State Election Commission, Near D. K. S. Bhawan, Old Mantralay Road, Motibagh Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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6 - The Secretary State Election Commission, Near D. K. S. Bhawan, Old Mantralay Road, Motibagh Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

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... Respondent(s)

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(Cause-title is taken from Case Information System)

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For Petitioner : Mr. Rohit Sharma, Advocate For State : Mr. R. S. Marhas, Addl. Advocate General along with Mr. Rahul Tamaskar, Govt. Advocate

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(Division Bench) (Hon’ble Smt. Justice Rajani Dubey Hon'ble Shri Justice Amitendra Kishore Prasad)

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Order on Board

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Per; Amitendra Kishore Prasad, Judge

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18/11/2025

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The petitioner has filed this writ petition seeking following reliefs : -

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“10.1 This Hon'ble Court may kindly be pleased to quash the Section-13(4)(ii), 17(2)(ii), 23(3)(ii), 25(2)(ii), 30(3)(ii), 32(2) (ii), 129(E) (3) of the Chhattisgarh Panchahyat Raj Adhiniyam, 1993 being ultra-vires to the constitution.

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10.2 This Hon'ble Court may kindly be pleased to apply doctrine of severability to the impugned sections, so as to limit the extent of reservation within the ceiling limit of 50%.

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10.3 This Hon'ble Court may kindly be pleased to direct the state to constitute commission in so far as to identify and ascertain "Backward classes of citizen" as politically backward for the purpose of extending reservation in terms of Article343(D) (6) and section- 2(XIV) of The Chhattisgarh Panchayat Adhiniyam 1993.

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10.4 This Hon'ble Court may kindly be pleased to quash the election notification issued by the State Election Commission in vide Annexure-P/3.

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10.5 This Hon'ble Court may kindly be pleased to direct the state to act inconsonance with dicta of Hon'ble Apex Court in "DR. K KRISHNA MURTHY & ORS. VERSUS UNION OF INDIA & ANR. (W.P.(C) No. 356/1994)". (Annexure-P/2).

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10.6 This Hon'ble Court may kindly be pleased to direct the state that the reservation in elections to Gram panchayat, janpad panchayat and Zila

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panchayat shall not exceed 50% of ceiling limit.

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10.7 This Hon'ble Court may kindly be pleased to allow minorities, physically handicapped, the women, transgender, anglo-Indian, Acid attack survivors to be considered as Backward classes of citizen for the purpose of Article-243(D)(6).

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10.8 This Hon'ble Court may kindly be pleased to direct the state that until the backward classes are identified, classified and notified the seats reserved for other backward classes category be declared to be deemed to be open category seats.

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10.9 This Hon'ble Court may kindly be pleased to call for the records of the case.

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10.10 This Hon'ble Court may kindly be pleased to grant other relief(s)/ writ(s)/ order(s) in favor of the petitioner, which deemed fit & just in the facts & circumstances of the case.

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10.11 Cost for the petition.”

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During the pendency of the present petition, on 11^th April 2025, the Government of Chhattisgarh issued a Gazette Notification, whereby most of the reliefs sought by the petitioner have been redressed. In light of this, the learned counsel for the petitioner seeks permission to withdraw the petition, while reserving the right to challenge the provisions of the Chhattisgarh Panchayat Rajya (Amendment) Act, 2025, if any exigency arise.

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In consideration of the foregoing, we are of the opinion that, while the petitioner is not required to seek any specific liberty to challenge the Amended Act of 2025, we deem it appropriate, given the facts and

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circumstances of the case, to dismiss the petition as withdrawn. However, the petitioner is granted liberty to file a separate petition challenging the provisions of the Chhattisgarh Panchayat Rajya (Sansodhan) Adhiniyam, 2025, which came into effect on 11^th April 2025, in the event any issue or exigency arises requiring such a challenge.

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Sd/Sd/- (Rajni Dubey) (Amitendra Kishore Prasad) Judge Judge

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Shayna

Puneshwar Nath Mishra v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

Puneshwar Nath Mishra v. State of Chhattisgarh

Case brief

What is this about?

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