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2025:CGHC:50020
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5228 of 2025 Gajendra Kumar Sahu S/o Shri Rameshwar Sahu Aged About 35 Years R/o Village Nari, P.O. Pandritarai, Police Station Chandanu, Tehsil And District Bemetara, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Sub Divisional Officer (Revenue), Bemetara, Office Of The Sub-Divisional Officer (R), Bemetara, District Bemetara C.G. 2 - Lokesh Sahu S/o Kunjram Sahu Aged About 40 Years R/o Village Nari, P.O. Pandritarai, Police Station Chandanu, Tehsil And District Bemetara,
Chhattisgarh. 3 - Yogeshpuri Goswami S/o Bharatpuri Goswami, Aged About 40 Years R/o Village Nari, P.O. Pandritarai, Police Station Chandanu, Tehsil
And
District
Bemetara,
Chhattisgarh. 4 - Sandeep Karati Lecturer E (L B) Government Higher Secondary School, Parpodi, Block Saja, District Bemetara, Chhattisgarh, Presiding Officer, Booth No. 140, Village Nari, Development Block And
District
Bemetara,
C.G. 5 - Ajay Kumar Verma, Lecturer E (L B) Government Higher Secondary School, Godmarra, Block Saja, District Bemetara, Chhattisgarh, Presiding Officer, Booth No. 141, Village Nari, Development
Block
And
District
Bemetara,
C.G. 6 - Sukhchain Das Joshi Teacher E (L B) Government Middle School, Kevtara, Block Saja, District Bemetara, Chhattisgarh, Presiding VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.09 11:18:07 +0530
2 / 4 Officer, Booth No. 142, Village Kosa, Block And District Bemetara, C.G.
---- Respondent For Petitioner : Mr. Khulesh Sahu, Advocate For State
: Mr. Satish Gupta, GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/10/2025
1. With the consent of learned counsel for the parties, the matter is heard finally. 2. The petitioner has been filed this writ petition on the following relief(s) :
“I. Direct the Sub-Divisional Officer (SDO), Bemetara before whom the petitioner's election petition under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 is pending, to hear and dispose of the same expeditiously, preferably within a period of 1 month; II. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice, equity, and good governance; III. Award costs of this petition, if deemed appropriate.”
3.
Learned counsel for the petitioner contended that the present writ petition is preferred not for challenging any specific order but seeking the kind indulgence of this Hon'ble Court to issue a direction to the
3 / 4 Sub-Divisional Officer (SDO), before whom the petitioner's election petition is pending, to decide the same expeditiously within a time- bound manner. The petitioner is only seeking a fair and timely adjudication of his election dispute so that the democratic mandate of the Gram Panchayat is not frustrated by delay. The petitioner contested the election for the post of Sarpanch of Gram Panchayat Nari held on 17.02.2025, wherein due to wrongful rejection and miscounting of valid votes, he was illegally declared defeated by a narrow margin of two votes, despite being the actual winning candidate. Complaints made to the Commissioner, Collector, and Returning Officer went unaddressed, compelling the petitioner to file an election petition on 11.03.2025 under Section 122 Chhattisgarh Panchayati Raj Adhiniyam. Contesting Respondent has since filed preliminary objections on 22.05.2025, and the matter has been pending before the Sub-Divisional Officer without effective hearing. The prolonged delay in disposal of the election petition is causing grave prejudice to the petitioner, as the respondent continues to hold the office of Sarpanch, and unless the petition is heard and decided expeditiously, the petitioner's legitimate rights and the will of the electorate will stand frustrated. 4. Learned counsel for the State contended that it may be directed to the respondent No.1 to consider and decide the election petition filed on 11.03.2025 (Annexure P-1) as per law. 4 / 4
5. I have heard learned counsel for the parties and perused the documents available on record. 6. Considering the entire facts and circumstances of the case and grievance raised by the counsel for the petitioner, instead of keeping this petition pending, this petition is disposed of directing to respondent No.1 – SDO (R), Bemetara (C.G.) to decide the election petition filed by the petitioner Annexure P-1 as expeditiously as possible, in accordance with rules, regulations and law. The said election petition shall be decided after giving sufficient opportunity of hearing to the respondents No.2 to 6. 7.
It is made clear that this Court has not expressed any opinion on the merits of the case. 8. With the aforesaid direction, the instant petition is disposed of. Sd/-
(Arvind Kumar Verma) Judge Vasant