ASHA DEVI MAHILANGE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order dated 28-12-2006 (Annexure P-4), passed by the Sub Divisional Officer (Revenue) and Prescribed Authority (Election Petition), Janjgir, District Janjgir Champa in Revenue Case No. 11/A89/21/04-05.

(2.) THE brief facts, in nutshell, as projected by the petitioner (Smt. Asha Devi Mahilange) are that the petitioner was elected as Sarpanch of Gram Panchayat Misda, Janpad Panchayat Nawagarh, District Janjgir Champa in the election held on 15-1- 2005. According to the birth certificate (Annexure P-l), the date of birth of the petitioner is 15-6-1983 and according to the identity card, issued by the Election Commission of India (Annexure P-2), as on 1-1-2003, the petitioner was 20 years old. THEreafter, the respondent No. 3 (Smt. Geeta Bai) filed an election petition against the petitioner for declaration of her election on the post of Sarpanch as null and void and to declare the election petitioner as elected, on three counts, which reads as under:

(3.) LEARNED Counsel appearing for the respondent No. 3, per contra, would submit that the application under Section 36 of the Adhiniyam, 1993 was filed by one Vinod Kumar Shukla on 13-7-2005, not by the respondent No. 3. LEARNED Counsel, relying on a decision of this Court in Surya Prakash v. Ramratan and Ors. 2009(1) M.P.H.T. 60, would further submit that this petition has become infructuous as the bye-election for the post of Sarpanch was held on 19-6-2007 and Smt. Geeta Bai (present respondent No. 3) has been elected on the post of Sarpanch.