As per Hon'ble Shri L.C. Bhadoo, J. :-

1. By this writ petition under Article 226/227 of the Constitution of India, the petitioner, who had contested election for the post of Sarpanch of Village Panchayat Govindvan, Tehsil Bilaigarh, District Raipur, and was elected as Sarpanch by toss method, as the petitioner and respondent No.1 received equal number of votes in counting, has questioned the legality, propriety and correctness of orders dated 31st March, 200S and 13th April, 2005 passed by the Specified Officer in Revenue Case No. 17-A/151 of 2004-2005, whereby the learned Specified Officer ordered for recount of votes and after recounting, declared respondent No.1 as elected instead .of the petitioner.

2. Brief facts leading to filing of this writ petition are that the petitioner herein along with respondents No.1 to 6 herein contested election for the post of Sarpanch of Village Panchayat : Govindvan, Police Station & Tehsil Bilaigarh, District: Raipur, and for the purpose of casting of votes two polling booths namely, Polling Booth Nos. 114 & 115 were fixed. After counting the Returning Officer reached the conclusion that the petitioner herein and respondent No.1 herein s