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2021 Supreme(Chh) 99

GOUTAM BHADURI
Ishwari Surendra Kashyap W/o Yashwant Kashyap – Appellant
Versus
State of Chhattisgarh through-Secretary Department of Panchayat and Rural Development – Respondent


Advocate Appeared:
For the Petitioner:Mr. Rajeev Shrivastava, Sr. Advocate with Mr. Mirza Hafeez Baig and Ms. Sonam Shukla, Advocates, Mr. Ravi Bhagat, Panel Lawyer
For the Respondent:Mr. Dr. N.K. Shukla, Sr. Advocate with Ms. Rashika Soni and Ms. Deepa Jha, Advocates, Smt. Ambalika Kashyap

JUDGMENT :

1. All the three petitions are heard and decided together as the common thread passes through it is about the election of Sarpanch of Gram Panchayat.

2. WPC No.2888 of 2020 is preferred by Smt. Ishwari Surendra Kashyap, the original returned candidate who was declared elected at Panchayat Election as Sarpanch of village Nigarband, Tahsil Takhatpur, Distt. Bilaspur. The said election was challenged by Smt. Ambalika Kashyap, who has filed Writ Petition No. WPC No.3354/ 2020. Another petition bearing WPCR No.651 of 2020 has been filed by Smt. Ishwari Surendra Kashyap, the returned candidate, to take action against Smt. Ambalika Kashyap and Praveen Kashyap on the ground that they have illegally tampered the bundles of valid and invalid ballot papers of Sarpanch election which were kept in separate plastic bags and prayed for a direction to lodge FIR against them.

3. The facts of the case are that the petitioner and Respondent No.5 amongst others have filed nominations to contest the election for the post of Sarpanch of village Nigarband, Tahsil Takhatpur, Distt. Bilaspur. On 03.02.2020 the election was conducted and after the election the result was declared the petitioner had

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