2026:CGHC:3487-DB Digitally signed by ANURADHA NAFR ANURADHA TIWARI TIWARI Date:

2026.01.22

13:23:52 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 47 of 2026 Netram Kashyap S/o Pran Nath Aged About 42 Years R/o Ward No. 12, Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh ... Appellant versus

1 - State of Chhattisgarh Through Its Secretary, Department of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District - Raipur Chhattisgarh 2 - The Collector District Janjgir-Champa Chhattisgarh

3 - Sub-Divisional Officer (R) Pamgarh, District Janjgir-Champa Chhattisgarh

4 - Janki Prasad Kashyap S/o Keshav Prasad Aged About 70 Years R/o Ward No. 12, Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh

5 - Lakshmi Prasad S/o Rajaram Aged About 40 Years R/o Ward No.

10, Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh

6 - Naresh Kashyap S/o Baldev Prasad Aged About 35 Years R/o Ward No. 18, Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh

7 - Puniram Kashyap S/o Chaitram Aged About 40 Years R/o Ward No.

11, Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh

8 - Sanat Patel S/o Ramfal Patel Aged About 40 Years R/o Ward No. 17, Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh

9 - Presiding Officer Raghuraj Singh Chandel R/o Village Taraud, Tahsil Akaltara, District Janjgir-Champa Chhattisgarh

10 - Returning Officer, Shri Mahendra Lahre Tahsildar, Pamgarh, District Janjgir-Champa Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

(Cause-title taken from Case Information System)

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

21 .01.2026

1. Heard Mr. Prafull N. Bharat, learned Senior Counsel assisted by Mr. Shivang Dubey, learned counsel for the appellant as well as Mr. Prasun Kumar Bhaduri, learned Deputy Advocate General, appearing for the State and Mr. Chandresh Shrivastava, learned counsel appearing for respondent No.4.

2. By way of this writ appeal, appellant has prayed for following relief(s):-

“The humble Appellant most respectfully prays that this Hon'ble Court may kindly be pleased to issue appropriate writ(s), order(s), direction(s):

To set-aside directions passed in the impugned order dated 08.12.2025 directing "Matter is remitted back to respondent No.3/Prescribed Authority -cum- Sub Divisional Officer to pass order afresh following due process of law, providing opportunity of hearing to other non- applicants also to lead evidence if they so desire and opportunity of hearing to all parties. Proceedings of election petition may be concluded following due process of law within a further period of 3 months from the date of appearance of the parties before it.”

3. The present intra Court appeal has been filed against the order dated 08.12.2025 passed by the learned Single Judge in WPC No.2698/2025 (Netram Kashyap v. State of Chhattisgarh and others), whereby the writ petition filed by the appellant/writ petitioner has been allowed.

4. Brief facts projected before the learned Single Judge are that the appellant/writ petitioner, along with respondent Nos. 4 to 8, contested the election for the post of Sarpanch of Gram Panchayat Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa, Chhattisgarh. Polling for the said election was held on 23.02.2025, and the counting of votes was also conducted on the same date. Upon conclusion of the counting process, as per the declaration made by the Election Authority, the appellant/writ petitioner secured 489 votes, whereas respondent No. 4 (election petitioner) secured 451 votes. Consequently, the appellant/writ petitioner was declared as the returned candidate and a certificate of electio