1 2025:CGHC:14917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 101 of 2025 1 - Smt Navita Shivhare W/o Shri Shailesh Shivhare Aged About 48 Years R/o Ward No. 6, Schoolpara, Baikunthpur, District Koriya, Chhattisgarh. ... Petitioner(s) versus 1 - Smt Sadhna Jaiswal W/o Shri Ashok Jaiswal Aged About 45 Years R/o Ward No. 18, Gadhelpara, Baikunthpur, District Koriya, Chhattisgarh. 2 - Presiding Officer Municipal Council Baikunthpur, Election Of President And Vice President, Shri Gyanendra Singh Thakur, Sub Divisional Officer (Revenue), Baikunthpur, District Koriya, Chhattisgarh. 3 - District Election Officer/ Collector Koriya District- Baikunthpur, District Koriya, Chhattisgarh. ---- Respondents For Petitioner : Mr. Chandresh Shrivastava, Advocate For State : Mr. Topilal Bareth, Panel Lawyer For respondent No.1 : Mr. Hemant Kumar Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.03.2025 Heard. 1. The petitioner has filed this petition seeking the following relief (s) : “10.1 That the Hon'ble court may please to call for the entire records pertaining to the case of the petitioners. 10.2 That this Hon'ble Court may kindly be pleased to quash the impugned order dated 22/01/2025 passed by Principal District Judge, Baikunthpur, Koriya in Miscellaneous Civil Suit no. 01 /22,(ANNEXURE P-1). 10.3 That this Hon'ble Court may kindly be pleased to reject the application of the respondent no. 1/applicant under Order 16 Rule 2 of CPC and direct the learned trial court to conclude the proceedings by hearing final arguments as fixed earlier. 10.4 That this Hon'ble court may further be pleased to pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.” REKHA SINGH Digitally signed by REKHA SINGH -2- 2. Mr. Shrivastava, the learned counsel appearing for the petitioner would submit that the application moved by respondent No.1 under Order 16 Rule 2 of the CPC was allowed and she was permitted to examine the Election Presiding Officer namely, Shri Gyanendra Singh Thakur. He would further submit that the petitioner does not want to challenge the said order on merits rather the petitioner may be permitted to examine the witnesses in support of her case. 3. No objection from other side. 4. However, Mr.Agrawal, the learned counsel appearing for respondent No.1 would submit that a direction may be issued to the petitioner to examine the witnesses by next date of hearing. 5. Heard the learned counsel appearing for the parties and perused the documents placed on record. 6. Taking into consideration the limited prayer made by Mr. Shrivastava, this petition is disposed of reserving liberty in favour of the petitioner to move an appropriate application before the learned Tribunal for examination of material witnesses. The learned Tribunal will consider the application on its own merits and make all endeavours to conclude the election petition expeditiously. 7. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha