RAMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order passed by the Election Tribunal dtd. 30/12/2020 in an Election Petition No.01/A-89(21)/2019-20.

(2.) The facts relevant for disposal of the present writ petition is that the petitioner participated in an election to the post of Sarpanch of Gram Panchayat, Hirri under block Pamgarh, District Janjgir Champa. Apart from the petitioner, there were four other contestants for the post of Sarpanch. The date of election was notified on 31/1/2020. The dispute is in respect of an election that was conducted at Booth Nos. 157 and 158. The total number of votes that were casted in the said Booth was 1036, of which 14 were declared invalid and total valid votes were 1022. Of which, in Booth No.157 the votes casted were 537 and in Booth No.158 the votes casted were 485. 9 votes were declared invalid in Booth No.157 and 5 votes were declared invalid in Booth No.158. The petitioner lost the election to the respondent No.5-Sharda W/o Mukesh Jyoti by 92 votes. Total votes casted in favour of the respondent No.5 was 321 and total votes casted in favour of the petitioner was 229.

(3.) The petitioner immediately had raised objections before the Returning Officer in respect of the various irregularities and illegalities in the course of election and counting. It was also alleged that the objection that the petitioner intended to file was refused to be accepted by the Returning Officer. Thereafter, the petitioner has preferred the Election Petition before the Election Tribunal under Sec. 122 of the Chhattisgarh Panchayat Raj Adhiniyam which was duly registered and entertained by the Election Tribunal and proceeded to decide the same vide the impugned order Annexure P/2 dtd. 30/12/2020.