1 2025:CGHC:17847 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1946 of 2025 1 - Smt. Tiharin Bai Kaiwartya W/o Ram Kumar Kaiwartya Aged About 43 Years R/o Village Karra, Tahsil Masturi, Janpad Panchayat Masturi, District Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Panchayat, Mahanadi Bhawan, Atal Nagar, Mantralaya, Raipur, District Raipur Chhattisgarh 2 - State Election Commission Sector-19, Atal Nagar, Naya Raipur District Raipur Chhattisgarh 3 - Collector And District Election Officer Bilaspur District Bilaspur Chhattisgarh 4 - Sub Divisional Officer (Revenue)/ Competent Authority/ Returining Officer Masturi, District Bilaspur Chhattisgarh 5 - Chief Executive Officer/ Returning Officer Janpad Panchayat Masturi, District Bilaspur Chhattisgarh 6 - Jayanti Dewangan Tahsildar Tahsil Masturi, District Bilaspur Chhattisgarh 7 - Laxmi Chandrakar Rojgar Shayak Of Gram Panchayat Karra, Tahsil Masturi, Janpad Panchayat Masturi, District Bilaspur Chhattisgarh 8 - Chandrakanti Chandrakar W/o Shri Krishna Kumar Chandrakar R/o Village Karra, Tahsil Masturi, Janpad Panchayat Masturi, District Bilaspur Chhattisgarh ... Respondents VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.21 17:38:35 +0530 2 (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Ms. Sangeeta Kashyap, Advocate For State :- Mr. Praveen Das, Dy. A.G. For Respondents No. 2 to 5 :- Mr. Venketesh Pandey, Advocate on behalf of Mr. R.S. Marhas, Advocate ------------------------------------------------------------------------------------------------ SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 21.04.2025 1. By way of this writ petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire record the case of the petitioner, in the interest of justice. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide recounting for the post of Panch at booth no. 218, ward No. 09 Gram Panchayat Karra, Janpad Panchayat Masturi, District Bilaspur Chhattisgarh, in the interest of justice. 10.3 That, the Hon'ble Court be further pleased to grant such other relief as may be deemed fit and proper in the interest of justice.” 2. Learned counsel for the petitioner, at the outset, submits that though there is patent illegality committed by the respondent authorities by which her application for recounting of votes has not been considered and the result has been declared, however, she fairly submits that since the result has already been declared, 3 therefore, she may be granted liberty to approach before the concerned appropriate authority in order to file a duly constituted election petition, in accordance with law. 3. Be that as it may, since there is an appropriate alternative remedy available to the petitioner by filing an election petition under Section 122 of the Chhattigarh Panchayat Raj Adhiniyam, as such, the petitioner is at liberty to approach before the concerned authority by filing an election petition raising all those grounds which has been raised in this petition. 4. With the aforesaid observation(s)/direction, the instant petition is hereby disposed off. sd/- (Amitendra Kishore Prasad) Judge Vishakha