AMRIKA BAI RATHORE Vs. MANMOHAN

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 227 of the Constitution of India, challenging the order dated 18th October, 2006 (Annexure P/1) passed by the Sub Divisional Officer (Revenue), District - Janjgir Champa in Panchayat Petition Case No. 17 A-89/04-05, whereby the election of the petitioner as Sarpanch of Village Panchayat Kirari, Tahsil - Sakti, District - Janjgir Champa, held on 15.1.2006 was declared as void.

(2.) THE brief facts, in nutshell, are that the petitioner along with respondents No. 1 to 7 contested the election for the post of Sarpanch of Village Panchayat - Kirari, Tahsil - Sakti, District - Janjgir Champa, which was held on 15.1.2005. THE petitioner was declared as returned candidate in the said election.

(3.) THE case of the respondent No. 1 before the Sub Divisional Officer (Revenue) was that in the election in question, he had also contested for the post of Sarpanch. THE post of Sarpanch was meant for the candidate of general category. THE respondent No. 1 was on the fourth position. He was defeated by the petitioner from the margin of 200 votes. THE petitioner had adopted corrupt practices to win the election, which is violative of the provisions of Rule 22 of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (for short 'the Rules, 1995'). THE allegations of the respondent No. 1 to the conduct of the petitioner were as under: