Dismissed¶52

Jageshwar Juganu Chandrakar v. the State of Chhattisgarh

Chhattisgarh HC5 Feb 2026WPC/525/2026

Case brief

AI extract

What is this about?

Premature writ petition during pending panchayat election petition dismissed — Chhattisgarh HC; additional issues under Order 14 Rule 5 CPC; application under Order 7 Rule 11 r/w Section 151 CPC undecided; duty of Presiding Officer to frame all necessary issues and record evidence before decision; Article 226 extraordinary jurisdiction not to be invoked at interim stage; election petition Case No. 06/Nya.Sancha.Pancha./2025 before Director, Directorate Panchayat; returned candidate petitioner; no costs.

What did the court decide?

If the petitioner felt that an additional issue needed to be framed, he ought to have proposed that issue in his application under Order 14 Rule 5 CPC (Annexure-P/6). ¶48

Jageshwar Juganu Chandrakar Vs the State of… — Writ and Judicial Review | Chhattisgarh HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the impugned order sheets and proceedings passed by respondent No. 2 in the election petition (Annexure P-1) should be set aside/quashed. +2 more

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Ratio / Principle

If the petitioner felt that an additional issue needed to be framed, he ought to have proposed that issue in his application under Order 14 Rule 5 CPC (Annexure-P/6).

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Key takeaways

Observation of settled law: the Presiding Officer should frame all issues necessary to decide the dispute between the parties; once sufficient issues are framed, it is the Presiding Officer's duty to record evidence, and the matter ought not to be decided without recording it.obiter¶49
The petitioner did not demonstrate any facts to substantiate his apprehension that respondent No. 2 may decide the election petition without framing additional issues or recording evidence; counsel for the petitioner himself informed the Court that his application under Order 14 Rule 5 CPC had not been decided yet.ratio¶50

Detailed headnote1 paragraphs

Chhattisgarh High Court (Bilaspur), WPC No. 525 of 2026, decided 06.02.2026 by Naresh Kumar Chandravanshi, J. — Writ petition under Article 226 by Jageshwar Juganu Chandrakar (returned candidate/non-applicant in the election petition) seeking quashing of order sheets and proceedings of respondent No. 2 (Director, Directorate Panchayat) in election petition Case No. 06/Nya.Sancha.Pancha./2025 (Prem Chandrakar vs. Jageshwar Jugnu Chandrakar and Others), Annexure P-1 (order sheets 11.03.2025 to 07.01.2026, including orders dated 17.12.2025, 31.12.2025 and 07.01.2026), and a direction to frame additional issues and decide the election petition after evidence and cross-examination. One issue had been framed on 17.12.2025; the petitioner's applications under Order 14 Rule 5 CPC (Annexure-P/6) and Order 7 Rule 11 r/w Section 151 CPC (Annexure-P/7), filed 07.01.2026, were undecided. Held: the petitioner ought to have proposed the additional issue in his Order 14 Rule 5 application; it is well-settled law that the Presiding Officer must frame all issues necessary to decide the dispute and record evidence before deciding; the petitioner demonstrated no factual basis for his apprehension; the extraordinary jurisdiction under Article 226 was not to be invoked at this premature stage. Petition dismissed, pending applications disposed of, no costs, with the Court hoping respondent No. 2 would decide the case strictly in accordance with law.

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2026:CGHC:6693

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Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.02.06 17:00:44 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPC No. 525 of 2026

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Jageshwar Juganu Chandrakar S/o Shri Nandkumar Chandrakar Aged About 53 Years R/o Ward No. 29, Bhalesar Road, Mahasamund District Mahasamund Chhattisgarh (Non-Applicant No. 1) (Return Candidate)

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... Petitioner.

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Versus

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1 - The State Of Chhattisgarh Through Secretary, Department Of Panchayat And Rural Development, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh (Non-Applicant No. 18)

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2 - The Director Directorate Panchayat, New Mantralaya, Mahanadi Bhawan, Atal Nagar, New Raipur, Distt. Raipur Chhattisgarh

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3 - The Collector Cum District Electoral Officer Zila Panchayat, Distt. Mahasamund Chhattisgarh (Non-Applicant No. 17)

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4 - Returning Officer Zila Panchayat Mahasamund, Sachchidanand Alok, Chief Executive Officer, Zila Panchayat Mahasamund Chhattisgarh (Non-Applicant No. 16)

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5 - The Counting And Tabulation Officer Krishna Kuamr Sahu, Tahsildar, Mahasamund District Mahasamund Chhattisgarh (Non-Applicant No. 15)

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6 - Prem Chandrakar S/o Shri Bihari Lal Chandrakar Aged About 52 Years R/o Village Nandgaon Post Belsoda, Tahsil And District Mahasamund Chhattisgarh

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(Applicant)

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7 - Amit Chandrakar Aged About 31 Years R/o Village Bakma, Ward No. 02, Post Dhansuli, Tahsil And District Mahasamund Chhattigarh (Non-Applicant No. 02)

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8 - Ashish Chandrakar Aged About 32 Years R/o Village Bakma Ward No. 01, Post Dhansuli, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 03)

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9 - Bhojram Sahu Aged About 56 Years R/o Village And Post Sher, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 04)

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10 - Bhupendra Patel Aged About 52 Years R/o Village Pirda, Post Tumgaon, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 05)

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11 - Chamman Lal Chandrakar Aged About 51 Years R/o Village And Post Belsonda, Ward No. 11, Tahsil And District Mahasamund Chhattisgarh (NonApplicant No. 06)

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12 - Chandraprakash Dhidhi Aged About 50 Years R/o Village And Post Bhoring, Police Station Tumgaon, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 07)

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13 - Chandrahas Chandrakar Aged About 30 Years R/o Village And Post Bemcha, Tahsil And District Mahasamund Chhattigarh (Non-Applicant No. 08)

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14 - Gaurkaran Sahu Aged About 52 Years R/o Village And Post Machewa, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 09)

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15 - Hemant Kumar Sahu (Prasad) Aged About 58 Years R/o Village Barondabazar, Post Bamhni, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 10)

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16 - Jabbar Singh Chandrakar Aged About 48 Years R/o Village Kharora, Post Bemcha, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 11)

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17 - Lekhram Joshi Aged About 60 Years R/o Village And Post Khatti, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 12)

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18 - Sachin Gayakwad Aged About 46 Years R/o Village Barondabazar, Post Bamhni, Tahsil And District Mahasamund Chhattisgarh (Non-Applicant No. 13)

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19 - Yatendra Sahu Aged About 52 Years R/o Village And Post Birkoni, Tahsil And District Mahasamund Chhattisgarh

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... Respondents.

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(cause title downloaded from CIS Periphery)

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For Petitioner : Mr. A. N. Bhakta & Vivek Bhatka, Advocate. For Res No.1 to 5/State : Mr. Vinay Pandey, Dy. AG.

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order on Board

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06/02/2026

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This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:-

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" 10.1 That the Hon'ble Court may kindly be pleased to call for the entire records of the case from the authorities concerned for its kind perusal.

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10.2 That, the Hon'ble Court may kindly be pleased to setaside/quash the impugned order sheets and proceeding passed by the Respondent No.02 vide Annexure P-1 {The order sheets from 11.03.2025 to 07.01.2026, including impugned orders dated 17.12.2025, 31.12.2025 & 07.01.2026}, in the interest of justice.

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10.3 That, the Hon'ble Court may kindly be pleased to direct the Resp. No.02 to frame the additional issue and decide the election petition after providing appropriate opportunity of adducing evidence & cross examination of witnesses and decide the election petition in accordance with law.

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10.4 That, the Hon'ble Court may kindly be pleased to pass any other relief, which this Hon'ble High Court deems fit and proper be also awarded."

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Learned counsel for the petitioner submits that an election petition, Case No. 06/Nya.Sancha.Pancha./2025 (Prem Chandrakar vs. Jageshwar Jugnu Chandrakar and Others), is pending before respondent No. 2, where issues have been framed. In the said case, on 07.01.2026, the petitioner filed an application under Order 14 Rule 5 of the Code of Civil Procedure, 1908 (CPC) for the framing of additional issues, as well as an application under Order 7 Rule 11 read with Section 151 of the CPC. However, the additional issues have not been framed so far, and respondent No. 2 is anxious to decide the case without framing the additional issues or recording evidence. Hence, this petition may be admitted for hearing.

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On the other hand, learned State counsel submits that although the petitioner has filed an application under Order 14 Rule 5 of the CPC, but he has not proposed any additional issues in that application. Further, once an issue has been framed, the matter can only be decided after recording evidence. Therefore, the petitioner's apprehension regarding respondent No. 2 is completely baseless, and this petition is not maintainable at this juncture.

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Heard learned counsel for the parties and perused the record.

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The petitioner has filed copies of the order-sheets of the proceedings before respondent No. 2, as well as copies of applications under Order 14 Rule 5 of the CPC (Annexure-P/6) and Order 7 Rule 11 r/w Section 151 of the CPC (Annexure-P/7). Perusal of the order-sheets show that on 17.12.2025, one issue has been framed by the Presiding Officer. If the petitioner feels that an additional issue needs to be framed, then he ought to have proposed said issue in his application under Order 14 Rule 5 CPC (Annexure-P/6).

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However, it is well-settled law that the Presiding Officer should frame all issues that are necessary to decide the dispute between the parties. Once sufficient issues are framed, it is the duty of the Presiding Officer to record evidence, and the matter ought not to be decided without recording the same.

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Apart from the above, the petitioner did not demonstrate any facts to substantiate his apprehension that respondent No. 2 may decide the election petition without framing additional issues or recording evidence. Counsel for the petitioner himself informed the Court that his application under Order 14 Rule 5 CPC has not been decided yet.

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In the aforesaid backdrop, this Court is not inclined to entertain this petition at this stage by invoking the extraordinary jurisdiction of this Court.

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Accordingly, the petition stands dismissed. Pending application, if any, also stands disposed of. No cost(s).

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However, this Court hopes and trusts that respondent No.2 shall consider and decide the case strictly in accordance with law.

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Sd/-

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(Naresh Kumar Chandravanshi) Judge

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Ajay

Jageshwar Juganu Chandrakar v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jageshwar Juganu Chandrakar v. the State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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