2025:CGHC:59561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Order Reserved on 03.12.2025 Order Delivered on 08.12.2025 Order Uploaded on 08.12.2025 WPC No. 2698 of 2025 Netram Kashyap S/o Pran Nath Aged About 42 Years R/o Ward No. 12, Chorbhatti, Tahsil Pamgarh, District Janjgir-Champa Chhattisgarh ... Petitioner(s)

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 Digitally signed by PRAVEEN KUMAR SINHA Date:

2025.12.08 +0530

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 ... Respondent(s)

For Petitioner : Mr. Shivang Dubey, Advocate For Resp. No.1 to 3 & 10/State : Mr. Satish Gupta, Govt. Advocate For Respondent No.4 : Mr. Chandresh Shrivastava, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

CAV Order

1. Petitioner by this instant petition has challenged the legality and sustainability of the order dated 26.05.2025 (Annexure P-1) whereby Sub Divisional Officer (Revenue)- cum- Election Tribunal has passed an order of re-counting of votes.

2. Facts relevant for disposal of this writ petition are that petitioner along with respondent No. 4 to 8 have contested the election for the post of Sarpanch of Village Panchayat Chorbhatti, Tahsil – Pamgarh District Janjgir Champa, Chhattisgarh. Polling for election was held on 23.02.2025. On the same date, counting of votes was also done and after conclusion of counting, as per declaration, petitioner secured 489 votes whereas respondent No.4/election petitioner secured 451 votes. Petitioner was declared as returned candidate and certificate of election was issued in his favour on 25.02.2025. Respondent No.4 thereafter filed an election petition under provision of Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, pleading therein that number of votes as secured by petitioner and respondent No.6 has been interchanged and thereby petitioner has been held to have secured highest votes which is erroneous, prayed for re-counting of votes of Booth No.79, election of petitioner/non-applicant No.1 to be illegal and void, to cancel the election of non-applicant No.1/petitioner and to declare election petitioner as elected candidate. Petitioner submitted reply to election petition denying the pleading made therein.

Respondents No. 5, 6, 8, 9 have also submitted their reply.

3. Election Tribunal had passed order for re-counting of votes which was put to challenge in a writ petition bearing WPC No.1975 of 2025 on the ground that order was passed without following due procedure under Rule 11 of Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 (hereinafter referred to as “Rules of 1995”). Writ petition was allowed and order dated 16.04.2025 was quashed. Matter was remitted back to Election Tribunal to decide the election petition in accordance with law. After receipt of case in remand Election Tribunal has formulated issues, fi