ORDER :

1. The election petitioner herein has called in question the election of respondent No.1 herein (returned candidate) from Legislative Assembly Constituency No.15 Lailunga (ST), District Raigarh, on the ground enumerated under Section 100(1)(c) of the Representation of the People Act, 1951 (for short, ‘the Act of 1951’) that her nomination papers have been improperly rejected by the Returning Officer by its order dated 3-11-2018 vide Exhibits P-6A & P-6B.

2. Election Petition by the Election Petitioner: -

2.1 The election petitioner has filed this election petition stating inter alia that on 6-10-2018, the Election Commission of India published in the Government official Gazette of Chhattisgarh, the election notification dated 6-10-2018 under Section 15 of the Act of 1951 and declared assembly election in the State of Chhattisgarh and notified the dates of Chhattisgarh Legislative Assembly (Vidhan Sabha) elections to the polls in two phases. In order to contest election from Constituency No.15 Lailunga (ST), District Raigarh, the election petitioner herein obtained one set of nomination paper from the Returning Officer to file her nomination in the said election and on 31-10-2018 vide Exhibit P-1 she filed her nomination paper with affidavit and in reply to para (2) of Part 3A of the said nomination paper, she has categorically declared that she was not holding any office of profit under Central or State Government and it is the case of the election petitioner that the Returning Officer i.e. respondent No.10 herein (deleted) called her in office and directed her to file second nomination paper with correct answer to para (2) of Part 3A of the said nomination paper whether she was holding any office under Central or State Government, and she was informed that in case the second nomination paper is not filed, the first nomination paper is likely to be rejected, on which the petitioner, on 1-11-2018, filed her second set of nomination paper for the said constituency with affidavit vide Exhibit P-2 declaring at para (2) of Part 3A that she was holding the post of Rural Health Officer (Female) and due to long absence from service, the Department did not permit her presence and did not allow her to appear and join the service since last two years.

2.2 It is the case of the election petitioner that vide Exhibit P-3, the Returning Officer fixed the date of scrutiny on 1-11-2018/3-11-2018 and on 1-11-2018, she was served with document Exhibit P-4 asking her to produce documents relating to her Government service by 2-11-2018 up-to 3 p.m. and thereafter, in compliance thereof, she filed an affidavit Exhibit P-5 stating that she was in Government job as Rural Health Officer (RHO) (Female) in Sub-Health Centre, Kurrog & Bahirkela; Community Health Centre, Tamnar; and Primary Health Centre, Saraipali, and she was on leave from 28-7-2016 to 31-7-2016, thereafter, on 5-11-2016, when she communicated her joining, same was not accepted by letter dated 10-11-2016 and as such, she finally concluded that no departmental enquiry was instituted against her and since she is not in service from 1-8-2016 to 2-11-2018, on the pressure of Jindal Company, her services have been terminated and thus, she is not holding any office of profit. Both the nomination papers were considered by the Returning Officer and vide Exhibits P-6A & P-6B, the two nomination papers were rejected by the Returning Officer on 3-11-2018 holding that she has not filed any document to show that she has been terminated from service or she has resigned from service. On 20-11-2018, polling of that constituency took place and after 11-12-2018, counting process was completed and respondent No.1 was declared elected from the said constituency which has been called in question by the election petitioner in this election petition.

2.3 It is the further case of the election petitione