BISAKHA BAI Vs. RITU BAI

JUDGEMENT

(1.) BY this petition, the petitioner seeks quashing of the order dated 30.06.2010 (Annexure P/1) passed by the Sub Divisional Officer (Revenue), (for short 'the SDO') Saja, District Durg, in Case No. 10/A-89/09-10, whereby the election petition filed by the petitioner, has been dismissed.

(2.) THE facts, in brief, as projected by the petitioner are that the petitioner contested for the post of Sarpanch, Gram Panchayat, Bijagond, Block and Tahsil Saja, District Durg. After completion of election process, the respondent No. 1 was declared elected. THE petitioner preferred an election petition under section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 on the ground that the respondent No. 1 did not possess the requisite qualification. After hearing the parties, the SDO, Saja passed the impugned order dismissing the election petition of the petitioner.

(3.) SINCE the mandatory requirement as stated above, was not fulfilled by the petitioner even after having sufficient opportunity. The election petition of the petitioner was rightly dismissed on the ground of non-compliance of the mandatory provisions of the Rules, 1995.