1 2025:CGHC:14397 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1209 of 2025 1 - Taran Nirmalkar S/o Late Ramgopal Nirmalkar Aged About 52 Years R/o Village- Sandi, Post- Salda, Tahsil- Berla, District - Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur (C.G.). 2 - The District Election Officer Cum Collector District - Bemetara (C.G.). 3 - Returning Officer Cum Election-In-Charge Janpad Panchayat, Bemetara (C.G.). 4 - Amit Kumar Chaturvedi The Assistant Returning Officer, Block-Berla, District - Bemetara (C.G.). 5 - S.D.O. (Revenue) Cum Revisionary Authority Janpad Panchayat Bemetara (C.G.). 6 - Chhattisgarh State Election Commission Through The Secretary, Near D.K.S. Bhawan, Old Mantralaya Road, Moti Bagh, Raipur, District - Raipur (C.G.). Digitally signed by RAGHVENDRA JAT 2 7 - Dr. Birendra Sahu S/o Janak Ram Sahu R/o Village- Sandi, Post- Salda, Tahsil- Berla, District - Bemetara (C.G.). 8 - Chaitram Nishad S/o Dulariram Nishad R/o Village- Sandi, Post- Salda, Tahsil- Berla, District - Bemetara (C.G.). 9 - Sevaram Sahu S/o Ashwai Ram Sahu R/o Village- Sandi, Post- Salda, Tahsil- Berla, District - Bemetara (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent(s)/State : Mr. Khulesh Sahu, Panel Lawyer. For Respondents No. 2 to 6 : Mr. Venketesh Pandey, Advocate on behalf of Mr. R. S. Marhas, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/03/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “a. This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the petitioner's demand. b. This Hon'ble Court may kindly be pleased to issue appropriate writ to quash the recounting process and impugned certificate of the recounting of votes at Polling Station No. 25 conducted on 23-24.02.2025 (Annexure P/1). 3 C. This Hon'ble Court may kindly be pleased to quash the declaration of Respondent No. 9/Sevaram Sahu as the elected Sarpanch of Gram Panchayat Sandi. d. This Hon'ble Court may kindly be pleased to restore the petitioner as the duly elected Sarpanch of Gram Panchayat Sandi based on the original counting of votes. e. Any other relief as the Hon'ble Court may be deemed fit and proper with cost of petition.” 2. Learned counsel for the petitioner submits that the petitioner wants to pursue his case before the Sub Divisional Officer (Revenue), Bemetara. If an Election Petition is filed before the Sub Divisional Officer (Revenue), Bemetara by the petitioner for redressal of his grievance, the same shall be decided in accordance with law as early as possible. 3. Since, the petitioner has filed Election Petition, therefore, this petition has become infructuous. The petitioner is required to pursue his case which he has filed before the Sub Divisional Officer (Revenue), Bemetara. 4. With the aforesaid observation, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat