1 2025:CGHC:14846 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1583 of 2025 1 - Smt. Chunni Sahu W/o Mukesh Sahu Aged About 40 Years Sarpanch, Gram Panchayat Khaira, Tehsil- Bhatapara, Distt. Balodabazar-Bhatapara (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Department Of Panchayat And Rural Development, Mantralaya, Nawa Raipur, Atal Nagar, Raipur, District- Raipur (C.G.) 2 - The Collector Distt. Balodabazar-Bhatapara (C.G.) 3 - Sub-Divisional Officer (R.) Sub Division- Bhatapara, Distt. Balodabazar-Bhatapara (C.G.) 4 - Dr. Pratibha Sahu D/o Shri Devakram Sahu Aged About 27 Years R/o Gram-Khaira, Gram Panchayat- Khaira, Vikaskhand- Bhatapara, Tehsil- Bhatapara, Distt. Balodabazar- Bhatapara (C.G.) 5 - Virendra Kumar Sahu Presiding Officer (Booth No.-185), Higher Secondary School, Cherkapur, Tehsil- Palari, Distt. Balodabazar-Bhatapara (C.G.) 6 - Sevak Ram Kanwar Presiding Officer (Booth No.-186), Khartora Government Higher Secondary School Khais (Stan), Tehsil- Palari, Distt. Balodabazar-Bhatapara (C.G.) 7 - Pramendra Verma Presiding Officer (Booth No.-187), Higher Secondary School Cherkapur, Tehsil- Palari, Distt. Balodabazar-Bhatapara (C.G.), Village And Panchayat- Digitally signed by GOPAL SINGH Date: 2025.04.07 20:03:33 +0530 2 Khaira, Development Block- Bhatapara (C.G.) 8 - Mr. Yashwant Raj Singh, Election Officer (Panchayat), Tehsildar- Bhatapara, District Balodabazar-Bhatapara (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Shri Anil S. Pandey, Advocate For State/Respondents No.1 to 3 : Shri Satish Gupta, Government Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 27/03/2025 1. Respondent No.4 has filed an election petition against the petitioner who has been elected as Sarpanch of Gram Panchayat Khaira. After issuance of notice, respondent No.4 appeared before the concerned Specified Officer/Sub Divisional Officer (Revenue), Bhatapara and raised an objection, however, the Specified Officer, while considering the objection, has rejected the application and without framing any issue and without recording any evidence in this matter, has directed for passing of final order in this matter. 2. The Specified Officer has not framed issues in this matter. While dealing with the matter under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, it is against the procedure to be followed which is prescribed under Rule 11 of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995. There are rules according to which the election tribunal has to frame issues and after recording evidence final order can be passed, which has not been done in this case, as such the entire proceeding is vitiated. The impugned order dated 18.3.2025, by which the Specified Officer has directed for pronouncement of final order, is hereby quashed. The Specified Officer is directed to frame issues in this matter and 3 after recording evidence of the parties and examining the documents in respect of the petitioner and other parties he shall pass appropriate orders in the election petition in accordance with law. 3. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh