(Cause Title is taken from CIS System)

Order on Board

1. The petitioner has filed this writ petition seeking following reliefs :

“10.1 That this Hon'ble Court may kindly be pleased to call the records of the case.

10.2 That, this Hon'ble Court may kindly be pleased to allow this petition and issue an appropriate writ, thereby setting-aside/quashing the impugned order dated 06-04-2026 (Annexure-P/1) and further be pleased to remand the case and direct the respondent no. 3 to decide the same in accordance with law after given proper opportunity of hearing, after framing of issue and recording the evidences parties/witnesses, in accordance with law. of the

10.3 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.”

2. Facts of the case, as projected, are that the petitioner is an elected member of the Janpad Panchayat, Gurur, District Balod in the State of Chhattisgarh, where the Panchayat consists of 21 elected members. Pursuant to a notification issued by the State Government, a meeting was convened for election to the posts of President and Vice President of the Janpad Panchayat. In furtherance thereof, respondent No. 3 appointed respondent No. 4 as the Presiding Officer, who issued a notice dated 28.02.2025 fixing 06.03.2025 for conducting the elections. On the scheduled date, all 21 members participated, and both the petitioner and respondent No. 5 submitted their nominations for the post of President. It is the case of the petitioner that the Presiding Officer fixed the same timing for submission of nomination forms for both the posts of President and Vice President, which was objected to by the petitioner and other members as being contrary to established procedure. However, the objections were ignored, and the election proceedings for both posts were conducted simultaneously. Subsequently, the result was declared, and respondent No. 5 was elected as President by a margin of one vote. Aggrieved by the said election process, the petitioner preferred an election petition before the competent authority, which initially came to be dismissed on technical grounds of maintainability. The petitioner challenged the said dismissal before this Court in W.P.(C) No. 4859/2025, and the matter was remanded back with a direction to decide the election petition afresh after affording proper opportunity of hearing. In compliance, the petitioner amended the election petition and the respondents filed their reply. However, by the impugned order dated 06.04.2026, the authority again dismissed the election petition, allegedly without following due procedure, without framing issues, and without recording evidence, leading to filing of the present petition.

3. Learned counsel for the petitioner submits that the impugned order is wholly arbitrary, illegal, and contrary to the procedure prescribed under the Chhattisgarh Panchayat (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995. It is contended that the authority has dismissed the election petition in complete disregard of the mandatory procedural requirements contemplated under the said Rules. Elaborating further, it is argued that after filing of the election petition, the authority neither framed issues nor provided an opportunity to the petitioner to lead evidence in support of her case. The election petition, being in the nature of a civil trial, ought to have been adjudicated in accordance with settled principles of law, which necessarily require framing of issues and recording of evidence before arriving at findings on merits. Learned counsel submits that the impugned order has been passed summarily and on merits without adherence to any procedure, thereby causing serious prejudice to the petitioner. It is further argued that despite a specific direction issued by this Court in the earlier round of litigation to decide the matter after affording proper opportunity of heari