Smt. Gouri Bai Patel v. Prakash Kumar Sarve

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 87 of 2016 Smt. Gouri Bai Patel W/o Shri Kanhaiya Patel, Aged About 40 Years R/o Village- Barpali, Post- Nawapara, Tahsil & DistrictRaigarh, Chhattisgarh ---- Petitioner

Versus

1. Prakash Kumar Sarve Sub-Divisional Officer (Revenue) Raigarh, District- Raigarh, Chhattisgarh

2. Atul Shete, Returning Cum Election Officer (Panchayat) Raigarh District Raigarh, Chhattisgarh ...........(Contemnors) ---- Respondents For Petitioner :

Mr. Mateen Siddiqui, Advocate.

For State :

Mr. B. Gop Kumar, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/03/2016 Heard.

1.

This petition has been filed by the petitioner alleging willful disobedience of order dated 19.02.2016.

2.

Learned counsel for the petitioner submits that there was an order not to give effect to the result of recount and that the petitioner shall continue in office. He submits that on 25.02.2016, recount was completed and thereafter, it has been recorded in the order that the counting has taken place on 23.02.2016 which shows that the authority is attempting to overreach the proceedings and orders of this Court. 3.

Irrespective of correctness of the proceedings drawn by the respondent, considering that the respondent has not declared the result in view of the order of the Court, I am not inclined to proceed

with the contempt petition. The orders of the Court shall continue to operate until further orders are passed in the main proceedings. 4.

The contempt petition is accordingly disposed off. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha