2025:CGHC:4446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 7 of 2017 1 - Sudharsai Chouhan S/o Shri Dheersai Chouhan, Aged About 42 Years R/o Gajra Basti, Bankimongra, Tahsil Katghora, District Korba, Chhattisgarh ...............Defendant No.1, Chhattisgarh ... Applicant versus 1 - Kishan Lal Sagar S/o Shri Sadashiv Sagar, Aged About 40 Years R/o Village- Banwari Side, Bankimongra, P.S./ Post Bankimongra, Tahsil Katghora, District Korba, Chhattisgarh ...............Defendant No.2, Chhattisgarh 2 - Ramesh Kumar S/o Shri Jagdish Kalleth, Aged About 35 Years R/o Bankimongra, Banwari Side, Tahsil Katghora, District Korba, Chhattisgarh ...............Defendant No.3, District : Korba, Chhattisgarh 3-District Election Officer, Korba, District Korba, Chhattisgarh .................Defendant No.4, District : Korba, Chhattisgarh 4 - Mohan Lal Lader Wrongly Mentioned As Mohan Lal Lal Lader S/o Shri Same Singh Lader, Aged About 45 Years R/o Banki Mongra, Gajra Side, Tahsil Katghora, District Korba, Chhattisgarh ................Election Petitioner, District : Korba, Chhattisgarh ---- Respondents For Applicant : Dr. Sudeep Agrawal, Advocate For Respondents : Mr. Arvind Dubey, G.A. and Ms. Mahi Pandey, Advocate holding the brief of Mr. Sushobhit Singh, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.01.2025 1. Learned counsel for the applicant would submit that the applicant was elected as a Councilor of Ward No.67 of the Municipal Corporation, Korba and the election was held in the year 2015. He -2- would further submit that his election was challenged by respondent No.4 by filing an election petition which was declared null and void. He would fairly submit that the term of five years has already expired in the year 2022 and by strength of the interim order dated 13.04.2017, the petitioner completed his tenure. He would also submit that as the petitioner has already completed his tenure, it may be observed that the declaration of his election as null and void may not come in the way if the petitioner contesting the election in the near future. 2. On the other hand, Mr. Dubey, the learned Government Advocate appearing for the State would oppose the submissions made by Dr. Agrawal. 3. Taking into consideration the fact that by the strength of the interim order, the petitioner has already completed his tenure though his election was declared null and void, thus nothing survives for adjudication. However, the election of the petitioner for the office of Councilor held in the year 2015 was declared null and void, therefore, in the opinion of this Court, it will not affect the right of the petitioner, if he contests any election in the near future. 4. With the aforesaid observation(s), the present revision is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha