BABLI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been brought praying for issuance of appropriate writ against the respondent No. 2.

(2.) It is submitted by the learned counsel for the petitioner that the petitioner is elected Sarpanch of Gram Panchayat Semarkona, District-Mungeli (C.G.). Respondent No. 4 has filed an election petition, before the Specified Officer i.e. respondent No. 2, in which, the petitioner is appearing and responding. The respondent No. 2 without following the procedure as laid down in Rule 11 of C.G. Panchayat Election Petition Rules, 1995 (In short 'Rules, 1995') and without framing any issue and without recording any evidence has passed the order dated 18.10.2021 directing recounting of the votes of the Sarpanch election. This order is totally illegal and against the provisions in the Rules, 1995. The respondent No. 2 has acted beyond its jurisdiction. The prescribed authority has limited power as available under Rule 21 of the Rules, 1995.

(3.) Learned counsel for the respondent No. 4 opposes the submissions and submits that the action of the respondent No. 2 is within the criteria of law, therefore, the petition be dismissed and disposed off.