1 2025:CGHC:56674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6067 of 2025 Mulchand Tandan S/o Shri Bagas Tandan Aged About 65 Years Elected Panch, Ward No. 14, Hathband, Tahsil Simga, Vikas Khand Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Petitioner versus 1 - The State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - The Sub Divisional Officer (Rev.) Simga, District : Balodabazar- Bhathapara, Chhattisgarh 3 - Dilip Yadav S/o Late Ramchand Yadav Aged About 44 Years (Elected Up- Sarpanch), Gram Panchayat Hathbandh, Block Simga, District- Baloda Bazar- Bhatapara, C.G., R/o Ward No. 10, Hathbandh, Tahsil Simga, Block Simga, District : Balodabazar-Bhathapara, Chhattisgarh 4 - The Presiding Officer Matdan, Up-Sarpanch Nirvachan, Gram Panchayat Hathbandh, Block Simga, District : Balodabazar-Bhathapara, Chhattisgarh 5 - The Returning Officer Tristariya Panchayat Chunav And Tahsildar Simga, Janpad Panchayat Simga, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondents ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.21 14:43:17 +0530 2 For Petitioner : Mr. Pushpendra Kumar Patel, Advocate For Respondent No. 1 & 2- State : Mrs. Poorva Tiwari, Panel lawyer Hon’ble Justice Shri Parth Prateem Sahu, Judge Order on Board 20.11.2025 1. This writ petition has been filed by the petitioner, seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly call for the entire records in relates to the case of the Petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to issue writ/writs, order/orders to direct the respondent no. 2 to decide the Election Petition filed by the petitioern under section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, which has been registered as Revenue Case no. 202505211000056/2024-25, within stipulated period, in the interest of justice. 10.3 That, any other relief, this Hon’ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice.” 2. Learned counsel for petitioner submits that petitioner has filed Election Petition under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 on 17.03.2025. The election petition was registered and thereafter, issuance of notice was ordered on 24.03.2025. Respondent no. 1 contesting party/returned candidate caused his appearance before the Tribunal on 30.05.2025 and other two respondents are Government Officials who are the Presiding Officer and the Returning Officer and since 30.05.2025 in the election petition the Election Tribunal has recorded proceedings for reply of the non- applicant no. 1 and presence of non-applicant no. 2 and 3. Number of dates have been given for filing of reply to non-applicant no. 1 who is intentionally gaining time and therefore, direction be issued to respondent no. 2 to conclude the proceedings of election petition at the earliest. 3 3. Learned counsel for State/Respondent submits that Election Tribunal is fixing the date of hearing within 15 days, however, from the proceedings it is appearing that non-applicant no. 1 therein has not filed reply and non-applicant no. 2 and 3 have not appeared. 4. I have heard learned counsel for the respective parties, and perused the documents enclosed along with this writ petition. 5. Perusal of records would show that respondent no. 2 and 3 have not served, however, from the date of first appearance of non-applicant no. 1 i.e. 30.05.2025, thirteen dates have been fixed for hearing of the case, however, non applicant no. 1/Returned candidate has not submitted the reply of the proceedings and Preceding Officer has not passed any order in this regard. 6. Considering aforementioned facts of the case, this writ petition is disposed of directing respondent no. 2/Sub Divisional Officer (Revenue) Election Tribunal to conclude the proceedings expeditiously, following due process of law. 7. With the aforementioned direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza