D si i g g n it e a d l b y y 2025:CGHC:13975 RAVI R SH AV A I NKAR S M H A A N N D K A A V R I MANDAVIDate:

2025.04.09 10:55:49 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1514 of 2025

1 - Divya Bharti Simour D/o Daswant Agrawal Aged About 32 Years R/o Ward 05, Satnami Para, Amora, Amora, P.O. Amora, District Mungeli Chhattisgarh. ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Kutchery Chowk, Near Garden, Nawa Raipur, District Raipur Chhattisgarh.

2 - The Director Directorate Of Panchayat Sector 19 North Block, Vikash Bhawan, Ground Floor, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

3 - The Collector Cum Election Officer Mungeli, District Mungeli Chhattisgarh.

4 - The Sub Divisional Officer (Revenue) Pathariya, District Mungeli Chhattisgarh.

5 - The Tahsildar Tehsil Pathariya, District Mungeli Chhattisgarh.

6 - The Chief Executive Officer Janpad Panchayat, Pathariya District Mungeli Chhattisgarh.

7 - The Commissioner State Election Commission, Nirvachan Bhawan, Sector 19, North Block, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh.

8 - Santoshi Thakur W/o Parmeshwar Thakur Aged About 48 Years R/o Village Hathikala, Tahsil Pathariya, And District Mungeli Chhattisgarh.

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Amit Kumar, Advocate For State/Respondent(s) : Ms. Upasana Mehta, Dy. Govt. Advocate For Respondent No.7 ; Mr. Venkatesh Pandey, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

24/03/2025

1. Heard Mr. Amit Kumar, learned counsel petitioner. Also heard Ms. Upasana Mehta, Dy. Govt. Advocate for the State/respondent/s as well as Mr. Venkatesh Pandey, Advocate appears on behalf of Mr. R.S. Marhas, learned counsel for the respondent No.7 appears on advance copy.

2. By way of this writ petition, the petitioner has prayed for following reliefs:

“10.1.That, the Hon'ble Court may kindly be pleased to call fo the entire records pertaining to this case from possession of the Court below.

10.2. That, the Hon’ble Court may kindly be pleased to set aside the order dated 10.03.2025 and allow the application filed by the petitioner on dated 24.02.2025 for the recounting of the ballet papers.

10.3. That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to recount the votes of the election of the member of district panchayat.

10.4. Any other relief which this Hon'ble Court may deems fit and proper, may also be passed in favour of the petitioner.”

3. Learned counsel for the petitioner submits that the petitioner earlier filed petition for the recounting of valid papers before this Hon'ble Court which was registered as W.P.C No.1341/2025 during the pendency of the writ petition respondent authority dismiss the application on 10.03.2025 filed by the petitioner dated 24.02.2025. As the petitioner is an election candidate from the District Panchayat Area No.10, Village Lauda for Member of District Panchayat where her election symbol is "UGTA SURAJ" where on 23.02.2025 election has been done. On the day of election in the counting of all the booths, the Presiding Officer counted the votes incorrectly and gave wrong counting papers in which only respondent No.8’s vote has been given, somewhere the agents have not been given counting papers where valid votes received by the petitioner has also been rejected by the Presiding Officer. On day of election petitioner received more votes from the respondent No.8 but at the time of the counting the Presiding Officer committed grievous error at the time of the counting the ballet papers due to the reason of providing undue advantages to the respondent No.8. Thereafter petitioner filed application before the respondent No.3 on 24.02.2025 for illegal action of the Presiding Officer and also for the recounting of the votes of all the booths. (ANNEXURE P/2). Further the petitioner also moves application for recounting due to the reas