Smt Bharti Beniram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(C) No. 2329 of 2020

1. Smt Bharti Beniram Sahu W/o - Beniram Sahu Aged About 37 Years R/o - Village - Sinodha Tehsil Tilda - Nevra District Raipur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat, Government Of Chhattisgarh, Mahanadi Bhawan, Atal Nagar, Naya Raipur (Chhattisgarh),

2. The Collector Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

3. Sub-Divisional Officer (Revenue) Tilda - Nevra District - Raipur (Chhattisgarh),

4. Chhattisgarh State Election Commission Through Chief Election Commissioner, Chhattisgarh State Election Commission, Near Dks (Old Mantralaya), Raipur (Chhattisgarh),

5. Returning Officer Janpad Panchayat Tehsil - Tilda - Nevra District - Raipur (Chhattisgarh),, ---- Respondents For Petitioner :

Shri Krishna Tandon, Adv.

For State/Resp No. 1 to 3 :

Shri Vivek Ranjan Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 09.10.2020

1. The grievance of the petitioner in the present writ petition seems to be the order passed by the respondent No. 1 whereby the objection/representation of the petitioner seeking recounting of votes, have been rejected.

2. At the outset, this Court is of the opinion that the writ petition firstly would not be maintainable in the given factual matrix of the case, as there was a remedy of preferring an election petition in respect of the allegations that the petitioner has made. Secondly, the order under challenge in this petition, is already one which was passed about

eight months back. During this period, there does not seem to be any grievance that the petitioner had in between, for this reason also, this Court is reluctant to entertain the writ petition.

3. The writ petition accordingly stands rejected. Reserving the right of the petitioner to avail other remedies, if still available to him Sd/- (P. Sam Koshy) Judge Jyotijha