JUDGEMENT

Goutam Bhaduri, J.

Heard.

1. The present writ appeal is against the order dated 6/01/2022 passed in WPC No.9/2022 wherein the petition preferred by the petitioner was dismissed. The challenge was made to the removal of the petitioner from the post of Sarpanch of village Semarkona, District Mungeli, by an order dated 31/12/2021.

2. The brief facts of this case are that an election for the post of Sarpanch was held on 28/01/2020 wherein the appellant and the respondent No.4 primarily they were the contesting candidates. After the election, the counting of votes was done on the same day and result was declared on the same day and lastly a certificate was issued whereby the appellant Babli Sahu, the appellant was held to be elected.

3. Subsequently, an election petition was filed before the SDO (Revenue) with a prayer to recount the votes of polling booth Nos.3, 4 and 5 of gram panchayat Semarkona. In such election petition, the election tribunal by its order dated 18/10/2021 directed for recount of the votes of the Sarpanch in said booths. The said order was subject of challenge before the learned Single Bench in WPC No.4384/2021 wherein this Court by order dated 08/11/2021 quash