LAWS(CHH)-2010-6-11

KABUTRI DEVI Vs. STATE OF CHHATISGARH

Decided On June 17, 2010
KABUTRI DEVI Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) By this petition, the petitioner seeks a writ to quash the Panchayat Election of Gram Panchayat Chindkalo, Post Darima, Tehsil Ambikapur, District Surguja, held on 3-2-2010, wherein the respondent No. 5 was declared as elected Sarpanch in the election.

(2.) It is well settled that validity of the election can be challenged only in election petition and not by way of writ petition under Article 226 of the Constitution of India, when there is a specific provision under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 to question the election of Gram Panchayat.