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2025 DAILYLAW 35282 (CHH)

MAHENDRA JAISWAL v. STATE OF CHHATTISGARH

WPC/3405/2020 · 2025-06-23

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:27294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3405 of 2020 1 - Mahendra Jaiswal S/o Shyamu Banu Aged About 39 Years R/o Village Sendari, Tahsil Sakti, District Janjgir- Champa, Chhattisgarh, District : Janjgir- Champa, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The Collector District Janjgir Champa, Chhattisgarh, District : Janjgir- Champa, Chhattisgarh 3 - Deepak Rathore (Sarpanch) S/o Laxmi Narayan Aged About 26 Years Caste Teli, R/o Villlge- Sendari, Tahsil Sakti, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 4 - Vishwanath Shanker Rathore S/o Ganesh Ram Aged About 60 Years Caste Teli, R/o Villlge- Sendari, Tahsil Sakti, District Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 5 - Presiding Officer, Polling Both No. 42, Chhatt Ram Ratnakar Lecturer, Government Higher Secondary School, Sarwani District Janjgir- Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 6 - Presiding Officer, Polling Both No. 43, Ashish Asati, Lecturer, Government Higher Secondary School, Devari (Saragaon), District Janjgir- Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 7 - Presiding Officer, Polling Both No. 44,ashish Kumar Sharma Lecturer, Government Higher Secondary School, Pahariya, District- Janjgir-Champa, Chhatitsgarh, District : Janjgir-Champa, Chhattisgarh 8 - Returning Officer, B. Ekka, Tahsildar, Sakti, District Janjgir- Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 9 - Sub Divisional Officer (Revenue) Sakti District Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondents -2- For Petitioner : None appears For State : Mr. Pramod Ramteke, PL For Respondent No.3 : Mr. Deepak Kumar Singh, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.06.2025 1. Heard on admission. 2. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to quash the order dated 07-12-2020 (Annexure P-1) passed by the learned Sub Divisional Officer, Revenue, Sakti, District Janjgir-Champa (C.G.). 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent state authority to recounting the votes of election of Sarpanch of Gram Panchayat Sendry, Tahsil Sakti, District Janjgir-Champa (C.G.) and also be pleased to direct respondent state authority not to allow the respondent No.3 to take the charge of the Sarpanch of the said village. 10.3 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.” 3. Respondent No.3 was elected as Sarpanch of Gram Panchayat Sendari, Tehsil Sakti, District Janjgir Champa (C.G.) in the election held in the year 2020 and his election was challenged by the petitioner by filing an election petition under the provision of Section 122 of the Chattisgarh Panchayat Raj Adhiniyam, 1993. 4. A prayer was made by the petitioner for recounting and that was turned down by the competent authority. 5. Taking into consideration the fact that the term of Office of Sarpanch has already expired and new panchayat elections have been held and thus, this petition has become infructuous and is accordingly dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha