JANKI VERMA Vs. STATE OF C.G.

JUDGEMENT

(1.) Counsel for the Petitioner prays for the following relief(s):-

(2.) Learned counsel for the petitioner submits that the petitioner as well as respondent no.9 were contested the election for the post of Sarpanch, Gram Panchayat, Satbhanwa, Police Station-Tilda- Nevra, District Raipur (C.G.). The election was held on 20/2/2025 in three booths i.e. booth no 115, 116 & 117. After completion of election, the counting was done. The petitioner has secured total 257 votes in booth no. 115 and 209 votes in booth no. 116, whereas the respondent no. 9 has secured 30 votes in booth no. 115 and 17 votes in booth no. 116. The respondent authorities have not disclosed the votes casted in favour of petitioner in booth no. 117. It is submitted that the presiding officer of booth no. 117 has acted in an illegal manner by favouring the respondent no. 9 by not allowing the agents of petitioner at the time of counting of votes and the counting was done behind the back of petitioner and her agents, in an illegal and arbitrary manner. After counting, the respondent no. 9 has declared elected, whereas the respondent no.9 has secured total 47 votes in two booths, though the petitioner has secured total 466 votes in two booths.

(3.) Learned counsel for the petitioner further submits that immediately after declaration of result, the petitioner has made the request of recounting but same has not been done without any reason complaints and representations before the respondent authorities against the aforesaid illegal manner adopted by the presiding officer of booth no. 117 and also made request for recounting of votes of booth no. 117, but till date the respondent authorities have not taken any action on the complaints/representations of the petitioner, only to provide undue benefits to the respondent no.9. The petitioner previously approached this Hon'ble Court by filling a writ petition on 5/3/2025. By order dtd. 21/3/2025 the Hon'ble court was pleased to grant liberty to the petitioner to file an election petition in accordance with law, and consequently, the said writ petition was dismissed. In compliance with the liberty granted by the Hon'ble High Court, the petitioner filed an election petition before the Court of the Learned Sub-Divisional Officer (Revenue), Tilda-Nevra, District- Raipur, on 11/4/2025. However by order dtd. 30/4/2025, the Learned SDO (Revenue), Tilda-Nevra, dismissed the said election petition filed under Sec. 122 of The Chhattisgarh Panchayat Raj Adhiniyam, 1993, on the ground that it was not filed within the prescribed limitation period of 30 days. It is submitted that along with the election petition, an application under Sec. 5 of the Limitation Act, 1963, was also filed, which was subsequently dismissed without mentioning any reason. Therefore, he prays for remanding the matter back to consider his application which he filed.