BABLI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The brief facts of this case are that an election for the post of Sarpanch was held on 28/01/2020 wherein the appellant and the respondent No.4 primarily they were the contesting candidates. After the election, the counting of votes was done on the same day and result was declared on the same day and lastly a certificate was issued whereby the appellant Babli Sahu, the appellant was held to be elected.

(3.) Subsequently, an election petition was filed before the SDO (Revenue) with a prayer to recount the votes of polling booth Nos.3, 4 and 5 of gram panchayat Semarkona. In such election petition, the election tribunal by its order dtd. 18/10/2021 directed for recount of the votes of the Sarpanch in said booths. The said order was subject of challenge before the learned Single Bench in WPC No.4384/2021 wherein this Court by order dtd. 08/11/2021 quashed the order of 18/10/2021 and directed that the proceeding be decided in a election petition in accordance with the provisions of Rule 11 of the Rules, 1995 within a specified time. It is under those circumstances the witnesses were examined in the election petition by the contesting parties. After the examination of the statement, initially order dtd. 20/12/2021 was passed whereby the SDO has directed for recount of the votes. The said order was also subject of challenge by the appellant in WPC No.5548/2021, however before the hearing of the said writ petition, the order of removal of petitioner dtd. 31/12/2021 was passed. On 31/12/2021, recounting of votes was carried out and the appellant's vote was reduced from 404 to 400 whereas the votes of respondent No.4 herein Dharmin Bai Kashyap remained to that of earlier one of 403. In a result, Dharmin Bai Kashyap the respondent No.4 herein was declared elected Sarpanch. The appellant herein challenged the said order under different grounds.