2024:CGHC:38502 Digitally signed by RAMESH AFR KUMAR VATTI HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on : 20/09/2024 Order delivered on : 30/09/2024 Election Petition No. 8 of 2024  Krishna Nandan Singh S/o Late Shri Prabhunath Singh, Aged about 60 years, R/o Village, Post and Tahsil Narmadapur, Thana Kamleshwar, District Surguja, Chhattisgarh. (Age 45 wrongly mentioned in Annexure P-8)

---- Petitioner Versus

1. Chhatisgarh Election Commission Through: the Chief Electoral Officer of Chhattisgarh, Shastri Chowk, Old Mantralaya Premises Raipur, District Raipur, Chhattisgarh

2. Returning Officer for Legislative Assembly Circle- 10, Ambikapur, District Surguja, Chhattisgarh

3. District Election Officer, Ambikapur, District Surguja, Chhattisgarh

4. Shri Rajesh Agrawal (Elected MLA BJP) R/o Main Road Lakhanpur, District Surguja, Chhattisgarh

5. Shri T.S. Singh Deve (Former MLA INC) Address: Kothi Ghar, Hospital Road Ambikapur, District Surguja, Chhattisgarh

6. Shri Balsay Korram, (GGP Candidate), Address: Hariharpur, Dandgaon, Udaypur, District Surguja, Chhattisgarh

7. Shri Sujan Bind (RMGP Candidate), Address: Ward No. 3 Gandhi Nagar Ambikapur, District Surguja, Chhattisgarh

8. Shri Aster Xalxo (Independent Candidate) Address: Kundurdihari, Patelpara, Ambikapur Surguja, Chhattisgarh

9. Shri Abdul Majid (Candidate JCCJ) Address: Kumhar Para Kushmi, District Balrampur, Chhattisgarh

10.Shri Santosh Vishwakarma (Candidate BSCP), Address: Company Bazar, Ambikapur, District Surguja, Chhattisgarh

11. Shri Ramanand Paikra (Candidate HRP), Address: Village and Post Khamhariya, Udaipur, District Surguja, Chhattisgarh

12.Shri Kranti Kumar (Independent Candidate), Address: Village and Post Udaipur Surguja, District Surguja, Chhattisgarh

13.Shri Anil Shrivastava (Independent Candidate), Address: Ring Road Kedarpur Ambikapur, District Surguja, Chhattisgarh

14.Shri Rakesh Kumar Sahu (Independent Candidate), Address: Ghutra Para, Ambikapur, District Surguja, Chhattisgarh

15.Shri Mukesh Goswami (Independent Candidate), Address: Darripara Ambikapur, District Surguja, Chhattisgarh

16.Meera Ravi (Independent Candidate), Address: Village Batwahi Raghunathpur, Tahsil Lundra, District Surguja, Chhattisgarh ---- Respondents Petitioner in Person : Mr. Krishna Nandan Singh For Respondents No. 1, 2 & 3 : Mr. Rakesh Kumar Jha, Advocate For Respondent No. 4 : Mr. Shalvik Tiwari, Advocate For Respondent No. 13 : Mr. Arvind Sinha, Advocate For Other Respondents : None Hon’ble Shri Justice Rakesh Mohan Pandey C.A.V. Order

1. Respondent No.4/Returned Candidate has filed an application (I.A.

No. 02/2024) under Order VII Rule 11 of the Civil Procedure Code (for short 'CPC') read with Section 86 of the Representation of People Act, 1951 (for short 'the Act, 1951') for dismissal of the election petition.

2. The facts of the present case are that the Second Phase of the General Election to the Legislative Assembly of the State of Chhattisgarh was notified on 21st October, 2023. The last date for submission of the nomination form was 30th October, 2023. The date of scrutiny of nomination papers was 31st October, 2023. 02nd November, 2023 was scheduled for withdrawal of nomination papers.

The date of the Poll was 17th November, 2023 and the date of counting was 03rd December, 2023. The election petitioner is a voter for Legislative Assembly, Constituency Circle No. 11, Sitapur, District Surguja, Chhattisgarh and his name is mentioned at Serial No. 627, Epic No. MP/12/096/144354. He filed his nomination paper as an independent candidate for Legislative Assembly, Circle No. 10 Ambikapur, District Surguja on the last date of nomination i.e. 30.10.2023 at 02:30 PM and the receipt in this regard was issued to the petitioner. The petitioner has pleaded that he was asked by the Returning Officer to produce two proposers as the names of two proposers were missing from the nomination paper, but when he came along with two proposers, he was restrained from entering the office of the Return