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2025 DAILYLAW 14045 (CHH)

BALMATI PAIKARA v. ANUKAMPA PAIKARA

WPC/1495/2025 · 2025-03-21

Shri Amitendra Kishore Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:13554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1495 of 2025 1 - Balmati Paikara W/o Yuvraj Paikara Aged About 35 Years Caste Kanwar, R/o. Village- Dharampur Block And Tehsil Bhaiyathan Distt. Surajpur (C.G.) ... Petitioner(s) versus 1 - Anukampa Paikara W/o Santosh Paikara Aged About 37 Years R/o. Village- Dharampur, Block And Tehsil Bhaiyathan, District- Surajpur (C.G.) 2 - Sub Divisional Officer (Rev)/ Prescribed Authority (Sdo) Bhaiyathan, Distt. Surajpur (C.G) 3 - Returning Officer (Panchayat) Janpad Panchayat Bhaiyathan, District- Surajpur (C.G) 4 - Presiding Officer Booth No.146 Village Dharampur, Block And Bhaiyathan, Distt. Surajpur (C.G.) 5 - Presiding Officer Booth No. 147 Village Dharampur, Block And Tahsil Bhaiyathan, District- Surajpur (C.G.) ... Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Shahid Ahmed Ansari, Advocate For State :- Mr. Mayur Khandelwal, Panel Lawyer -------------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 21.03.2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10.1 That the Hon'ble Court may kindly be pleased to direct the respondent No. 2 to 2 decide the appeal (Annexure P-6) within stipulated period. 10.2 That any other relief(s) which this Hon'ble Court may think fit and proper in the facts and circumstances of the case may also please be granted to the petitioner.” 2. learned counsel for petitioner submits that an application for recounting of vote has been preferred by the petitioner, however, it has not been decided yet. He submits that petitioner is seeking for limited relief that direction may be given to concerned authority to decide the same expeditiously. 3. Learned State counsel opposes the submission made by learned counsel for petitioner with regard to direction for deciding the appeal expeditiously. He submits that results for election has already been declared, as such, even if appeal 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 submits that he has already filed an election petition before the S.D.O. as required under the law. 5. Considering facts and circumstances of the case, in particular, the fact that petitioner has already preferred an election petition, which he wants to pursue, concerned authorities are directed to decide the election petition in accordance with law. 6. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna Digitally signed by SHAYNA KADRI