ANNU DEVI ANCHAL Vs. ANUPAMA SINGH TILAKCHADI

JUDGEMENT

(1.) Challenge in this petition is to the order dated 06.09.2011 (Annexure P-1) and interim order dated 28.05.2010 (Annexure P-2), passed by the Sub Divisional Officer, Bilaspur.

(2.) The facts, in brief, are that the petitioner was elected as Sarpanch, Gram Panchayat Dondki, Block & Tahsil Masturi, District Bilaspur. The election of the petitioner was challenged by the first respondent praying that the election petition of the first respondent be accepted and the Presiding Officer be directed to recount the votes polled in the election, in accordance with law. The election Tribunal without verifying the provisions of Rule 6 of Chhattisgarh Panchayat (Election Petitions, Corrupt Practice and Disqualification for Membership) Rules, 1995 (for short "the Rules, 1995"), admitted the petition and by impugned order declared the election of the petitioner as void and it was directed to handover the charge of Sarpanch to the first respondent. Case of the petitioner is that the election petition has to be decided strictly in accordance with the provisions of law.

(3.) The petition, challenging the election of office bearers, is maintainable only for two reliefs, as prescribed under Rule 6 of the Rules, 1995. The first respondent in her election petition has not sought for a declaration that the election of the petitioner be held as void and further declaration that she should be declared as elected.