E.P.No.1/2019

Page 1 of 31

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Election Petition No.1 of 2019

Order reserved on: 8-10-2021

Order delivered on: 24-11-

2021

Tarika Tarangni, W/o Nirmal Lakra, aged about 39 years, Village Post

Punjipatra, Tahsil Tamnar, Distt. Raigarh (C.G.)

---- Petitioner

Versus

1. Chakradhar Singh Sidar, Vill. Post Katakliya, Tahsil Lailunga, District

Raigarh, Pin 496113

2. Satyanand Rathiya, Vill. Roopali, Post Kolam, Tahsil Tamnar, District

Raigarh, Pin 496107

3. Darshana Sidar, Vill. Kamrga, Post Katakliya, Tahsil Lailunga, District

Raigarh, Pin 496113

4. Sunil Minj, Village Bhuya Pani, PO Kurra, Katakliya, Tah. Lailunga,

Distt. Raigarh, Pin 496113

5. Hridayaram Rathiya, At/PO Kurra, Tahsil Lailunga, Distt. Raigarh

(C.G.) Pin 496113

6. Govind Singh Neti, Village Godhi, Tahsil Tamnar, District Raigarh, Pin

496107

7. Shivpal Bhagat, Village Sarasmal, PO Lailunga, Tahsil Tamnar, District

Raigarh, Pin 496113

8. Suresh Kumar, Village Ghatgaon, Post Ghatoon, Distt. Raigarh (C.G.),

Pin 496113

9. State Election Commission, Through State Election Commissioner,

Near D.K.S. Bhawan, Old Mantralaya Road, Moti Bagh, Raipur,

Chhattisgarh 492001

10. The Returning Officer (deleted)

---- Respondents

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For Election Petitioner: Mr. Manohar Lal Sharma, Mr. Santosh Kumar

Pandey and Mr. T.L. Bareth, Advocates.

For Respondent No.1:

Mr. B.P. Sharma and Mr. Hari Agrawal, Advocates.

For Respondents No.2 to 9: -

None present.

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E.P.No.1/2019

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Hon’ble Shri Justice Sanjay K. Agrawal

C.A.V. Order

1. The election petitioner herein has called in question the election of

respondent No.1 herein (returned candidate) from Legislative

Assembly Constituency No.15 Lailunga (ST), District Raigarh, on the

ground enumerated under Section 100(1)(c) of the Representation of

the People Act, 1951 (for short, ‘the Act of 1951’) that her nomination

papers have been improperly rejected by the Returning Officer by its

order dated 3-11-2018 vide Exhibits P-6A & P-6B.

2. Election Petition by the Election Petitioner: -

2.1)

The election petitioner has filed this election petition stating inter

alia that on 6-10-2018, the Election Commission of India published in

the Government official Gazette of Chhattisgarh, the election

notification dated 6-10-2018 under Section 15 of the Act of 1951 and

declared assembly election in the State of Chhattisgarh and notified

the dates of Chhattisgarh Legislative Assembly (Vidhan Sabha)

elections to the polls in two phases. In order to contest election from

Constituency No.15 Lailunga (ST), District Raigarh, the election

petitioner herein obtained one set of nomination paper from the

Returning Officer to file her nomination in the said election and on 31-

10-2018 vide Exhibit P-1 she filed her nomination paper with affidavit

and in reply to para (2) of Part 3A of the said nomination paper, she

has categorically declared that she was not holding any office of profit

under Central or State Government and it is the case of the election

petitioner that the Returning Officer i.e. respondent No.10 herein

(deleted) called her in office and directed her to file second nomination

paper with correct answer to para (2) of Part 3A of the said nomination

E.P.No.1/2019

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paper whether she was holding any office under Central or State

Government, and she was informed that in case the second

nomination paper is not filed, the first nomination paper is likely to be

rejected, on which the petitioner, on 1-11-2018, filed her second set of

nomination paper for the said constituency with affidavit vide Exhibit

P-2 declaring at para (2) of Part 3A that she was holding the post of

Rural Health Officer (Female) and due to long ab