UJAL LALA SAHU Vs. BHAGAT RAM

JUDGEMENT

(1.) BY this petition, the petitioner seeks quashing of the order dated 05.05.2011 (Annexure P/1) passed by the respondent No. 7 and the order dated 29.06.2011 passed by the respondent No. 8 and further, the respondent authorities may be directed to recount the votes polled on 28.01.2010, for the post of Sarpanch, Gram Panchayat Dansara, Tahsil Saragarh, District Raigarh.

(2.) SHRI Jaiswal, learned counsel appearing for the petitioner submits that the petitioner as well as the private respondent No. 1 to 6 contested the election for the post of Sarpanch, Gram Panchayat, Dansara. The respondent No. 1 violated the model code of conduct and adopted corrupt practice and as a result of which, the petitioner was defeated and the respondent No. 1 was declared as returned candidate. The petitioner preferred an election petition under section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, but the same was rejected vide order dated 05.05.2011. Against the said order, the petitioner preferred an appeal before the Additional Collector, Raigarh, which was also dismissed vide order dated 29.06.2011. Thus, this petition.

(3.) THE petitioner has further not pointed out any jurisdictional error, infirmity or irregularity in the impugned orders. Thus, this Court, in exercise of its power under Article 226 and 227 of the Constitution of India, is not inclined to interfere with the impugned order which is legal, just and proper.