Dismissed

Rachna Suryawanshi (in Person) v. State of Chhattisgarh through Principal Secretary

Chhattisgarh HC11 Jul 2023WPC/1015/2021

Case brief

AI extract

What is this about?

This single-judge order dismissed a writ petition filed by a panchayat candidate contesting an election on grounds of irregularities and request for vote recount. The judge held that such disputes must be challenged via an election petition under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. Consequently, the writ petition was declared not maintainable and dismissed.

What did the court decide?

Writ petition dismissed as not maintainable.

Rachna Suryawanshi (in Person) Vs State of Chhattisgarh… — Election Law | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 1015 of 2021

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Rachna Suryawanshi (In Person) W/o Shri Saheblal Suryavanshi Aged About 25 Years R/o- Village- Kanhaiband, Post- Sivni (Naila), Distt.- Janjgir-Champa (Chhattisgarh), PIN- 495669, District : JanjgirChampa, Chhattisgarh

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------Petitioner

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VERSUS

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State of Chhattisgarh through Principal Secretary Mantralay, Mahanadi Bhawan, Naya Raipur- 492002, Distt.- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh

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District Election Officer Karyalay Collector- Janjgir-Champa- 495 668, District- Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh

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Returning Officer Cum Tahsildar Nawagarh, Distt.- Janjgir-Champa (Chhattisgarh) 495557, District : Janjgir-Champa, Chhattisgarh

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------- Respondents

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(cause title is taken from Case Information System)

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For Petitioner : Ms. Rachna Suryavanshi, Petitioner in Person For Respondent-State : Mr. Ghanshyam Patel, Govt. Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD

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11/07/2023

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Petitioner has filed this writ petition primarily seeking recounting of votes of panchayat election.

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Petitioner in person submitted that she contested the election of panch from ward no. 7 village panchayat Kanhaiband. Polling of panchayat election was on 28.01.2020 and after counting of votes declared result, in which Kamla Tamrakar secured 45 votes and petitioner secured 42 votes, one vote was declared invalid. After declaration of the results of counting of votes, she requested for recounting and even after recounting there was no change in the vote secured by the contesting candidates of Ward No. 7, however, some irregularity crept in the ballot paper as the ballot paper from serial number 1 to 100 was used whereas only 88 votes were polled and

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therefore the petition has been filed seeking recounting of the votes.

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Learned State counsel objected with regard to maintainability of the writ petition on the ground that the result of election can only be challenged by way of filing election petition as provided under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.

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Considering the pleadings made in the writ petition, relief sought as also the submission of petitioner in person, it is prima facie reflecting that the dispute is with regard to counting of the votes casted in the Panchayat Election which can only be done by way of filing of election petition as provided under Section 122 of the Panchayat Raj Adhiniyam, 1993 and therefore this writ petition is not maintainable.

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Accordingly, writ petition dismissed.

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Sd/-

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(Parth Prateem Sahu) Judge

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pāwān

Rachna Suryawanshi (in Person) v. State of Chhattisgarh through Principal Secretary

Case brief

What is this about?

What did the court decide?

Rachna Suryawanshi (in Person) v. State of Chhattisgarh through Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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