1 / 4 2025:CGHC:31209 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3482 of 2025 Jageshwar Painkra S/o Late Dhan Sai Aged About 51 Years R/o Gram Panchayat Askala Police Station And Tah. Lundra Janpad Panchayat Lundra District Sarguja (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary Deptt. Of Panchayat And Rural Development New Mantralaya Atal Nagar New Raipur (C.G.) 2 - The State Election Commission (Local Body Panchayat) Through Its Commissioner Raipur (C.G.) 3 - Collector Distt. Sarguja (C.G.) 4 - Sub Divisional Office (Rev) Cum Authorized Officer Election Tribunal Sub Division- Lundra District Sarguja (C.G.) 5 - Tahsildar Cum Returning Officer Tah - Lundra Distt. Sarguja (C.G.) 6 - Chief Executive Officer Cum Assistant Returning Officer Janpad Panchayat Lundra Distt- Sarguja (C.G.) 7 - Presiding Officer Election Booth Center No.86, Primary School Building Askala (Awadhes Kumar Head Master Primary School Askara Khas Vikas Khand Mainpat District Sarguja (Mobile No. 9340056148) 8 - Presiding Officer Election Booth Center No. 87, Primary School Building Askala (Dhaneshwar Teacher) Middle School Banshipur Tahsil Sitapur District Sarguja (C.G.) Mobile No. 6260901009. 9 - Lakheshwar Painkra Son Of Shri Setu Ram Aged About 50 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.09 18:16:04 +0530 2 / 4 10 - Gauri Singh Wife Of Shri Rajendra Prasad Aged About 47 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 11 - Kawal Sai S/o Ganjhu Ram Aged About 40 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 12 - Kunjbihari S/o Vifal Ram Aged About 42 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 13 - Paras Nageshiya S/o Godho Aged About 48 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 14 - Parmeshwar Painkra S/o Veerta Aged About 53 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 15 - Mohan Singh Painkra S/o Dakhina Aged About 60 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 16 - Moti Painkra S/o Inder Sai Aged About 30 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 17 - Rajeshwar Painkra S/o Late Dhan Sai Aged About 60 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) 18 - Nandlal S/o Saudha Aged About 57 Years R/o Gram Panchayat Askala Police Station And Tahsil Lundra Janpad Panchayat Lundra District Sarguja (C.G.) ... Respondents For Petitioner : Mr. A.N. Bhakta, Advocate For State/Respondents No.1, 3, 4 & 5 : Mr. Nupur Trivedi, PL For Respondent No.2 : Mr. Venketesh Pandey, Advocate appears on behalf of Mr. R.S. 3 / 4 Marhas, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 08/07/2025 1. The instant petition has been filed against the order dated 04/06/2025 passed in Revenue Case No.202503022700028/A-89 by the Respondent No.4, whereby the Election petition filed under Section 122 of the C.G. Panchayat Raj Adhiniyam, 1993 filed by the petitioner along with an interim application on 28/03/2025 wherein the interim application has been rejected by the impugned order on the ground that the Returning Officer has not appeared and Respondent No.9 has not been restrained from discharging his duty as Sarpanch of Gram Panchayat, Askala. 2. Learned counsel for the petitioner would submit that at the time of election the symbols allotted to the candidates were interchanged and on account of interchange of symbols, the whole casting of votes have vitiated. He would next contend that the symbols allotted are contrary to the Rule 39 of the Chhattisgarh Panchayat Nirvachan Niyam, 1995, therefore, the election conducted by the authorities is nonest and the petitioner filed an application under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam along with an interim application, however, the interim application has been rejected. Learned counsel for the petitioner further contended that the SDO Revenue, Dhourpur may be directed to decide the election petition 4 / 4 filed under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 at the earliest. 3. Learned counsel for the respondents No.1, 3, 4 & 5/State and learned counsel for Respondent No.2 would submit that they have no objection in deciding the election petition of the petitioner. 4. I have heard learned counsel for the parties at length and perused the documents with utmost circumspection. 5. Considering the limited prayer made by learned counsel for the petitioner, the SDO (R), Dhourpur is directed to decide the election petition filed by the petitioner as soon as possible, preferably within a period of six months from the date of receipt of certified copy of this order in an objective manner as per law/rule/regularization. 6. It is made clear that this Court has not expressed any opinion on the merits of the case and the respondent authorities shall be at liberty to decide the election petition on its own merits. 7. With the aforesaid observation, the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu