NETRAM KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for following reliefs:-

(2.) Facts of the case, in a nutshell, are that that petitioner is a duly elected Sarpanch of Gram Panchayat Chorbhatti, Block Pamgarh, District Janjgir-Champa (C.G.), and has challenged the impugned order dtd. 16/4/2025 passed by the Sub-Divisional Officer (Revenue), Pamgarh, District Janjgir-Champa (C.G.) Election Tribunal whereby a direction has been issued for recounting of votes in a mechanical and arbitrary manner without conclusion of the election petition itself. The petitioner had secured 489 votes as against 451 votes obtained by respondent No. 04 in the election conducted on 23/2/2025. Pursuant to the clear majority, the petitioner was declared as elected Sarpanch, and an election certificate was issued on 25/2/2025. Subsequently, respondent No. 04 has filed an election petition under Sec. 122 of the C.G. Panchayat Raj Adhiniyam, 1993 alleging discrepancies in the counting process, particularly at booth no. 79, without any formal objection or demand for recount at the time of counting. On 16/4/2025 impugned order has been passed by learned Tribunal directing for recounting of votes.

(3.) Learned counsel for the petitioner would submit that respondent No. 3 has failed to frame issues and has also not given any opportunity to lead evidence and to examine / cross - examine the witnesses. It is further contention of learned counsel for the petitioner that in the absence of any material evidence and without framing issues and opportunity to lead evidence, the learned Tribunal has passed the impugned order dtd. 16/4/2025 directing for recounting of votes, which is per se illegal, arbitrary, and in gross violation of settled proposition of law laid down by the Hon'ble Court. Hence, the present writ petition is being filed seeking quashment of the said impugned order and to protect the sanctity of the democratic electoral process. He relied upon the decision of Hon'ble Supreme Court in case of Makhan Lal Bangal vs. Manas Bhunia & Others, reported in 2001 (2) SCC 652. Further referred to decisions of this Court in case of Rama vs. State of Chhattisgarh, reported in 2023 SCC OnLine Chh 2258 and in case of Smt. Sabyarani vs. State of Chhattisgarh and Others, reported in 2019 SCC OnLine Chh 101.