1 2025:CGHC:14474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1587 of 2025 1 - Rajesh Sahu S/o Lekhram Sahu Aged About 35 Years Resident Of Village Mulmula, Post Pendri Torai, Tahsil And District Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Panchayat Department, Mahanadi Bhavan, New-Raipur, Raipur (C.G.) 2 - Collector Cum District Election Officer District Bemetara (C.G.) 3 - Returning Officer (Panchayat) Janpad Panchayat, Ward No. 15 Bemetara, District Bemetara (C.G.) 4 - Manoj Singh Chandel S/o Unknown Ward No. 15, District Bemetara (C.G.) 5 - Alka Vaishnav D/o Unknown Ward No. 15, Distt.- Bemetara (C.G.) 6 - Ballu Ram Sahu S/o Unknown Ward No. 15, Distt.- Bemetara (C.G.) 7 - Dinesh Sonwani S/o Unknown Ward No. 15, Distt.- Bemetara (C.G.) 8 - Mulchand Sahu S/o Unknown Ward No. 15, Distt.- Bemetara (C.G.) 9 - Rajesh Sahu S/o Unknown Ward No. 15, Distt.- Bemetara (C.G.) 10 - Ramavtar Sahu S/o Unknown Ward No. 15, Distt.- Bemetara (C.G.) 11 - Tulsi Ram Sahu S/o Unknown Ward No. 15, Distt.- Bemetara (C.G.) ... Respondent(s) (Cause-title taken from the Case Information System) For Petitioner(s) : Mr. Ritesh Verma, Advocate For State : Ms. Nupoor Sonkar, Panel Lawyer SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 26.03.2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10:1, that, the Hon'ble Court may kindly direct the respondent to decide my pending application for re-counting of votes (Ann.-P/1). Further, the Hon'ble Digitally signed by SHAYNA KADRI 2 Court may kindly direct the respondent authority to conduct fair election in the larger interest of democracy. 10.2. that, the Hon'ble Court may kindly be pleased to issue appropriate writ quashing the nomination dated 19.2.2025 of respondent No.4 returned candidate (Ann.- P/4). 10:3. that, the Hon'ble Court may kindly appreciate the prima-fascia defect of counting sheets of Polling Station No. 179, 181, 183 and 263 as provided by the commission in RTI (Ann.-P/3). 10:4. this, Hon'ble Court may further be pleased to pass any order, direction or issue any suitable writ as this Hon'ble Court may deem fit under the circumstances of the case including the cost of the petition.” 2. Learned counsel for the petitioner would submit that on 17.2.2025, the Panchayat election of Janpad Panchayat, ward no. 15 (Dhhara) was conducted. The petitioner along with 8 other candidates filed their nomination and contested the election of Janpad Panchayat Member. Result was declared on 19.2.2025 and one 'Manoj Singh Chandel’ won the election whereas petitioner secured second position. On the said date i.e. 17.2.2025, at some places (Village Panchayat Bhansuli, Bhaisa, Khudmudi and Nawagaon), the Presiding Officer closed the election process before 3 PM. The candidates requested the Presiding Officer to allow the voters to cast their votes, but the same was objected by the Presiding Officer. At the time of counting of votes at village Bhaisa there was stampede regarding which the petitioner requested the Returning Officer for re-counting, but the Officer behest denied the request of recounting. Resultantly, allot of anomaly seen in the calculation-sheet of Panchayat Election. The calculation sheet of Polling Station No. 179, 181, 183 and 263 is faulty as provided by the commission. It is contention of learned counsel for petitioner that 3 petitioner has already made a representation / application on 18.02.2025 before District Election Officer for recounting of the votes which is still pending consideration. It is the limited prayed made by the petitioner that a direction may be issued to the concerned respondents for deciding the representation / application dated 18.02.2025, expeditiously, in accordance with law. 3. At this stage, learned State counsel Learned State counsel opposes the submission made by learned counsel for petitioner with regard to direction for deciding the representation / application for recounting of votes and would submit that results for election has already been declared, as such, even if the representation / application is decided, it will not make any difference. The only remedy available to petitioner is to file election petition before appropriate forum. 4. At this stage, learned counsel for petitioner do not dispute the submission made by learned State counsel with respect to declaration of result, however, he seeks liberty of this Court to file election petition before the concerned authority. 5. Considering facts and circumstances of the case, in particular, the fact that result of election has already been declared, petitioner is directed to approach before the concerned authority by of filing an election petition. If the said petition is filed, concerned authorities are directed to consider and decide the same expeditiously, in accordance with law. 6. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna