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2023 Supreme(Chh) 692

PARTH PRATEEM SAHU
Visheshar Dhruve S/o Karthik Ram Dhruve – Appellant
Versus
Suresh Dhruve S/o Bhawar Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Malay Shrivastava, Advocate
For the Respondent:Mr. Vivek Shrivastava, Advocate, Mr. P. Acharya, Panel Lawyer

ORDER :

1. Challenge in this writ petition is to the order dated 11.3.2022 passed by the Sub-Divisional Officer-cum-Specified Officer (Panchayat) in Appeal Case No.202003080100002/B-121/ 2019-20.

2. Facts of the case, in brief, are that the petitioner was elected as Sarpanch of Gram Panchayat Baiharsari. Respondent No.1 filed an election under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (henceforth 'the Adhiniyam, 1993') questioning election of petitioner inter alia on the ground that petitioner has encroached upon the government land by raising construction thereon; he had suppressed material particulars of criminal case registered against him while furnishing information with his nomination paper. On service of notice of election petition, petitioner filed reply denying all adverse allegations in election petition. Petitioner also moved an application under Order 7 Rule 11 of the Civil Procedure Code, 1908 (for short 'CPC') for dismissal of election petition for non-compliance of mandatory provisions of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (for short 'the Rules of 1995'). Arguments were

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