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High Court Of ChhattisgarhWPC/425/2015dismissed

Govindram Bhasker @ Govind Satnami v. State Of Chhattisgarh And ORS

2015-03-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

j^ HIGH COURT OF CHHATTISGARH, BILASPUR WPCNo.425of2015 Govindram Bhasker @ Govind Satnami S/o Hagraram Bhasker Aged About 34 years R/o Village Girdharikapa P.S.- Kunda, Dist- Kabirdham -- Petitioner

Versus

1.

State of Chhattisgarh Through Collector District Election Officer Janpad Panchayat Pandaria Dist- Kabirdham 2.

Returning Officer (Panchayat) Panchayat Election Janpad Panchayat Pandaria Dist- Kabirdham 3.

Madhubai W/o Mahendra Verman Aged About 32 Years R/o Village Dongaria Khurd P.S- Kunda, Dist- Kawardha .-.- Respondents For Petitioner For Respondent/State Shri H.S. Ahluwalia, Advocate Shri A. Surana, Dy. GA for the State.

Hon'ble Shri J ustice Prashant Kumar IVIishra OrderOn Board 10/03/2015

1. The petitioner is challenging the action of re-tabulation and preparation of final sheet by the Presiding Officer concerning the election of member of Janpad Panchayat, Pandaria.

2.

If the writ petition is allowed, the effect would be of setting aside the election ofmember ofjanpad Panchayat.

3.

In viewofthe provisions contained underArtiele 243-0 ofthe Constitution of India, any challenge to the election, either directly or collaterally, can be

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made only by filing a election petition under Section 122 of the Chhattisgarh^ Panchayat Raj Adhiniyam, 1993 and the jurisdiction ofthis Court is barred. 4.

For the foregoing, this writ petition is dismissed as not maintainable. Sd//- Prashant Kumar Mishra Judge ashu