SEWATHI BAI Vs. STATE OF C.G.

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking following reliefs:-

(2.) The petitioner has filed this writ petition challenging the legality and sustainability of the order dtd. 25/3/2022 (Annexure P/1) passed by the Respondent No. 3/Sub-Divisional Officer (R), Rajnandgaon in an election petition filed by the Respondent No. 5 under Sec. 122 of the Chhattisgarh Panchayati Raj Adhiniyam, 1993 (hereinafter for brevity referred to as the Adhiniyam, 1993).

(3.) The facts relevant for disposal of this writ petition are that the petitioner and the Respondents No. 5 to 10 contested the election of Sarpanch of Village Panchayat Torankatta, Tehsil and District - Rajnandgaon, Chhattisgarh. Polling of election of Sarpanch, Village Torankatta was held on 28/1/2020. After completion of polling, votes casted were counted on the same day, after polling hours, which continued till late night. After completion of counting of votes, petitioner was declared elected. The Respondent No. 5 filed an election petition under Sec. 122 of the Adhiniyam, 1993 pleading therein that, at the time of counting of votes at Booth No. 205 & 206 at Village Manki (dependent village of Village Panchayat Torankatta) there was electricity failure twice. There was no proper light at the time of counting of votes. Votes were not properly shown to the election agent present in the counting centre. The election agent of the Respondent No. 5 (election petitioner) submitted written objection, however, it was rejected mentioning that they can file an application to the appellate authority and get the votes recounted there.