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2023 Supreme(SC) 759

BELA M. TRIVEDI, S. V. N. BHATTI
Dharmin Bai Kashyap – Appellant
Versus
Babli Sahu – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sameer Shrivastava, AOR Mr. Satvic Mathur, Adv. Ms. Yashika Varshney, Adv.
For the Respondent(s): Mr. Abhinav Shrivastava, AOR Mr. Sudhir Verma, Adv. Ms. Ritu Reniwal, Adv. Mr. Mahesh Kumar, Adv. Mr. Sunit Kumar Toppo, Adv. Mr. Shivam Sharma, Adv. Ms. Devika Khanna, Adv. Mrs. V. D. Khanna, Adv. Mr. Vmz Chambers, AOR

JUDGMENT :

BELA M. TRIVEDI, J.

1. The aggrieved appellant has preferred the present appeal challenging the legality and validity of the impugned judgment and order dated 25.04.2022 passed by the High Court of Chhattisgarh, Bilaspur in Writ Appeal No. 72 of 2022, whereby the Division Bench of High Court has allowed the said writ appeal and set aside the order dated 06.01.2022 passed by the Single Bench in W.P. (C) No. 09 of 2022. Consequently, the Division Bench has set aside the order dated 20.12.2021 passed by the Sub Divisional Officer and also the recounting of votes undertaken on 31.12.2021.

2. The bare summary of facts necessary for the purpose of deciding this Appeal are: -

    (i) 28.01.2020 – The election of Gram Panchayat, Semarkona Block, District Mungeli, Chhattisgarh took place for the post of Sarpanch in which petitioner, respondent no.1 and respondent nos.5 to 8 contested the election.

    (ii) 30.01.2020 – The result of election was declared in which respondent no.1 was declared elected.

    (iii) 07.02.2020 - The petitioner filed the Election Petition before the Sub Divisional Officer, Mungeli and prayed for recounting of the votes mainly on the ground that there was no sufficient li

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