2025:CGHC:61722 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6054 of 2025

1 - Budhnath Paigor S/o Late Shri Shivram Paigor Aged About 52 Years Member Janpad Panchayat Bilha Area No. 12, R/o Village Nagoi, Thana Sarkanda, Tahsil Beltara, District- Bilaspur (C.G.)

--- Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Panchayat Department Mahanadi Bhawan, Capital Complex Atal Nagar, New Raipur, District- Raipur (C.G.)

2 - State Election Commission Through Its Secretary, Near D.K.S. Bhawan, Old Mantralaya, Road, Motibag Raipur, District- Raipur (C.G.)

3 - Collector And District Election Officer Bilaspur, District- Bilaspur (C.G.)

4 - Returning Officer (Panchayat) Sub Divisional Officer (Revenue) Bilha Janpad Panchayat Bilha District- Bilaspur (C.G.)

5 - Assistant Returning Officer (Panchayat )/ Tahsildar Bilha Tahsil Bilha District- Bilaspur (C.G.)

6 - Deepak Kumar Liberty S/o Shri Om Narayan Liberty Aged About 27 Years R/o Village Nagoi Dhabhipara, Tahsil Beltara District- Bilaspur (C.G.)

7 - Alka Jwala Suryawanshi R/o Mangla Bilaspur District- Bilaspur (C.G.)

8 - Durga Kariyare R/o Urtum Tahsil Beltara District- Bilaspur (C.G.)

9 - Kapil Nath Suryawanshi R/o Village Nagoi Tahsil Beltara District- Bilaspur (C.G.)

10 - Kunti Mehar D/o Shri Neturam Mehar R/o Village Nagoi Tahsil Beltara District- Bilaspur (C.G.)

BALRAM PRASAD 11 - Lok Prakash Diwakar R/o Village Nagoi Tahsil Beltara District- Bilaspur DEWANGAN (C.G.)

BALRAM PRASAD DEWANGAN --- Respondent(s)

Date: 2025.12.19 ____________________________________________________________

For Petitioner : Mr. Sunil Sahu, Advocates For State/Respondents No.1 to 5 : Mr. Akhilesh Kumar, Govt. Advocate For Respondent No.6 : Mr. Nikhil Wadhwani, Advocate Hon'ble Shri Justice Parth Prateem Sahu

Order On Board

17/12/2025

1. Petitioner has filed this petition seeking following relief (s) :-

“10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ by quashing the impugned order dated 06.10.2025 (Annexure P-1) passed by the Collector Bilaspur.

10.2 That, this Hon’ble Court may kindly be pleased to call for the record from the Election Tribunal for kind perusal of this Hon’ble Court.

10.3 That, this Hon’ble Court may kindly be pleased to direct the learned Collector for deciding the election petition after framing of issues and recording the evidence of parties in the matter.

10.4 Any other relief, which may be suitable in the facts and circumstances of the case, may also be granted.”

2. Learned counsel for petitioner submits that petitioner was elected as Member of Janpad Panchayat, Bilha Region No.12. Respondent No.6 filed an election petition U/s.122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as ‘the Adhiniyam, 1993’) questioning the election of the petitioner. On service of notice of election petition, petitioner filed reply denying all the adverse allegation made in the election petition. He further contended that thereafter, respondent No.3 without framing any issue and without recording any evidence has passed the order impugned directing the Returning Officer-cum-Tahsildar, Bilha for recounting of the votes of Booth No.194 observing that there is contradiction in the number of votes mentioned in the Form-18 Part-I submitted by petitioner and Returning Officer. He submits that the impugned order passed by the respondent No.3 is contrary to the provisions and procedure as prescribed in Chhattisgarh Panchayat (Election Petition Corrupt Practices and Disqualification for Membership) Rules,1995 (In short ‘the Rules, 1995’). Rule 11 of the Rules of 1995, prescribes procedure to be followed on receipt of an election petition, according to which, an election petition has to be enquired into in accordance with the procedure applicable under the Code of Civil Procedure to the trial of suits. After submission of reply by petitioner herein denying all adverse allegations levelled in election petition, the respondent No.3 was required to proc