1 2025:CGHC:28665 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2645 of 2025 1 - Girish Kumar Gupta S/o Late Balbhadra Prasad Gupta Aged About 62 Years R/o. Village Salka, P.O. Salka (Aghina), Tahsil Bhiyathan, District Surajpur, C.G. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Panchayat Department, Indrawati Bhawan, Naya Raipur, District Raipur, C.G. 2 - Election Commission Through Chief Election Commissioner Raipur, District Raipur, C.G. 3 - Director Panchayat Nawa Raipur, Atal Nagar, Raipur, District Raipur, C.G. 4 - Collector-Cum-District Election Officer Surajpur, District Surajpur, C.G. 5 - Chief Executive Officer Jila Panchayat, Surajpur, District Surajpur, C.G. 6 - Tahsildar-Cum-Returning Officer (Panchayat) Janpad Panchayat, Bhaiyathan, District Surajpur, C.G. 2 7 - Anuj Kumar Rajwade S/o Sukhlal Rajwade Aged About 35 Years R/o Village Antorwa, P.O. Chandramedha, Tahsil Bhaiyathan, District Surajpur, C.G., At Present R/o. Bhatgaon, Near Sai Mandir, Tahsil Bhiyathan, District Surajpur, C.G. 8 - Arvind Sharan Singh S/o Late Mohan Rajwade Aged About 56 Years R/o Village And P.O. Chanramedha, Tahsil Bhatgaon, Block Bhaiyathan, District Surajpur, C.G. 9 - Hariram Rajwade S/o Mohan Rajwade Aged About 50 Years R/o Village Laxmipur, P.O. Batra, Tahsil Bhaiyathan, District Surajpur, C.G. 10 - Lal Baran Painkra S/o Dashraj Painkra Aged About 55 Years Village Sonpur, P.O. Batra, Tahsil Bhiyathan, District Surajpur, C.G. 11 - Mohitram Rajwade S/o Raghuwar Ram Rajwade Aged About 38 Years R/o Village Karkoli Naya, P.O. Chungadi, Tahsil Bhaiyathan, 12 - Rajendra Pratap Singh S/o Late Hublal Singh Aged About 70 Years R/o Village Kaskela, P.O. Salka (Aghina), Tahsil Bhaiyathan, District Surajpur, C.G. 13 - Ramtahal Meta Ji S/o Jailal Aged About 65 Years R/o Village Batra, Tahsil Bhiyathan, District Surajpur, C.G. 14 - Ramesh Kumar Gupta S/o Manik Chand Gupta Aged About 35 Years R/o Village Bundia, P.O. Bhatgaon, Tahsil Bhaiyathan, District Surajpur, C.G. 15 - Ramnarayan Patile S/o Late Shivram Patile Aged About 50 Years R/o Village Anrokha, P.O. Bhatgaon, Tahsil Bhaiyathan, District Surajpur, C.G. 16 - Rupesh Kumar Gupta S/o Rang Mahal Gupta Aged About 30 Years R/o Village Baijnathpur, P.O. Salka, Tahsil Bhaiyathan, District Surajpur, C.G. 3 17 - Subhash Rajwade S/o Late Hausla Rajwade Aged About 55 Years R/o Village Batra, P.O. Batra, Tahsil Bhaiyathan, District Surajpur, C.G. 18 - Surya Pratap Singh S/o Mukutdhari Singh Aged About 64 Years R/o Village Chendra, P.O. Dawna, Block Odgi, District Surajpur, C.G. 19 - Tarachand Gupta S/o Late Bhagwan Sao Aged About 68 Years R/o Village And P.O. Salka, Tahsil Bhaiyathan, District Surajpur, C.G. ... Respondent(s) For Petitioner(s) : Ms. Priyanka Mehta, Advocate For Respondent/State For Respondent No.2 For Respondent No.7 : : : Ms. Upasna Mehta, Dy.GA Shri Venkatesh Pandey,Advocate on behalf of Shri R.S.Marhas, Advocate Shri D.N.Prajapati, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/06/2025 Being aggrieved by the order dated 09.04.2025 passed by the respondent No.3, whereby the election petition filed by the petitioner under Section 122 of the CG Panchayat Raj Adhiniyam, 1993 has been dismissed, the petitioner has filed this petition seeking for the following reliefs: “10.1. This Hon’ble Court may kindly issue appropriate writ/writs, order/orders to quash the order dated 09.04.2025 passed by the respondent No.3 in Case No.02/2025 in the matter of “Shree Girish Kumar Gupta V. Anuj Kumar Rajwade and Others” (Annexure P/1) and election petition filed by the petitioner may kindly be allowed. 10.2. This Hon’ble Court may kindly issue appropriate writ/writs, order/orders to quash the order dated 09.04.2025 passed by the respondent 4 No.3 in Case No.02/2025 in the matter of “Shree Girish Kumar Gupta V. Anuj Kumar Rajwade and vOthers” (Annexure P/1)and respondent No.3 may kindly be directed to decide the election petition filed by the petitioner on merits after providing opportunity of hearing to all parties to petition and after following due process of law. 10.3. This Hon’ble Court may kindly call for the entire records of the Courts below. 10.4. This Hon’ble Court may kindly be pleased to grant any other relief, which it deems fit and proper.” 2. The petitioner as well a the respondent No. 7 to 19 had submitted their nomination forms for the post of member of Jila Panchayat for constituency No.8 of District Surajpur and the election was held on 17.02.2025 whereby the respondent No.7 has been elected. Against which the petitioner has filed election petition before respondent No.3- director Panchayat, Nawa Raipur Atal Nagar, Raipur, district Raipur CG for recounting of the votes. On 19.03.2025, the application was filed by the petitioner wherein the Advocate was present and thereafter on 09.04.2025, order was passed and the operative portion of the order is as follows: *mifu;e ¼4½ ;k fu;e 77 ds mifu;e ¼2½ ds v/khu izR;sd vH;FkhZ dks ernku esa feys erksa dh dqy la[;k ?kksf"kr fd;s tkus ds I’pkr~ iquxZ.kuk ds fy, dksbZ vkosnu xzg.k ugha fd;k tk,xk% izLrqr fuokZpu ;kfpdk esa ;kfpdkdrkZ us tks vuqrks"k dh vis{kk fd;k gS] og erksa dh x.kuk] iquxZ.kuk ls lacaf/kr gSA vr% Nrrhlx< iapk;r ¼fyokZpu vftZ;ksa] Hkz"Vkpkj vkSj lnL;ksa ds fy, fujgZrk½ fu;e] 1995 ds fu;e 06 ds rgr fuokZpu ;kfpdk erksa dh x.kuk] iquxZ.kuk ls lacaf/kr gksus ds dkj.k izLrqr ;kfpdk vLohdkj djus ;ksX; gS] vr% ;kfpdk 5 vekU; fd;k tkrk gSA* 3. It is thus clear that the petitioner himself and his advocate were present before the respondent on 19.03.2025 and the arguments were heard on the point of admissibility and maintainability of the petition and prima facie it appears that there is no ground to interfere in the order impugned. Accordingly, the petition is dismissed. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.07.08 10:40:16 +0530