'•^. OF CHHATTISGARH AT BILASPUR Hon'bte Shri Diiip Raosaheb Deshmukb, >J. Givi! itevislon No.1% OT2W8 Aopljcant Vijay Kumar @ Vijay Bhaiya S/o Shri Tritok Chand Jain, aged about 43 years, R/o Jain Bhawan :Road, Bhilai-3, Tahsil Bhiiai-3, Distriot Du[g(C.G.) . Versus S^ESPONDENTS 1. DistriotElectionOffiGerthroughColtector,. Duig (C.G.) 2. Returning Officer, Local Etections; (Nagar Palika Parishad Bhitai, Charoda), Bistrid: CfficeDurg (CG.) ''...' 3. Ramakant Verma, S/o Shri IMeei Singb. Verma, Aged about 43 years, Rfo Village Aklordih, P.0. Surdung, Tahsil .Patan, District Dufg(C.G.) . 4. Dr. Radh^hyam Verma, S/o Ledga Prasad Venna, Aged about 43 yeara, R/o Village Somni, P. O. Utai, District Durg 5. Shashikant Baghel, S/o Shambhulat Baghe!, Aged 44 years, R/o Village Uria, B.M.Y., Tahsil Patan, District Durg (C.G.) , 6. Sanjay Chandrakar, S/o Kejuram; Chandrakar, Aged 40 years, Vasundhara Nagar South, Bhi!ai-3, Tahsil Patan, DistrictDuig (C.G.) 7. State of Chhatti^arh through Collector, Durg, District Durg (C.G.) Civil Revision under Section 2612J ofthe ChhatUssarh Munlcioalities Act, 1961. Present :'- Shri Varun Sharma, counsel forthe appiicant. Shri P. R. Patankar, Panel Lawyer forthe State. OfUy.ORDER (Passed on thisS"' dayof December, 2008) Heard on ].A,No.1,which is an application forcondonation of delay in filing this civil revision. (2) For the reasons mentioned in the application, it is allowed and the delay In filina Uiis civii revision is condoned. . . (3) Heard on admission. —'2- (4) The applicant is aggrieved by an order dated 01-10-2008 passed by Shri R.N. Chandrakar, Distriot Judgs, Durg in Election PetitionNo.8/2006 filed by the appiicant whereby the election petition was dismissed sinoe after re-countlng of votes on the application filed by the applicant, the non-applicant No.S-Shashikant .Baghel was deolared elected.The applioant had given undertaking before the iearned District Judge that he would be bound by the result of the re-coynting. ,(5) . Brief facts are that the applicant contested theelection for the post of Adhyaksha, Nagar Palika Parishad, Bhilai-Charoda. After CQunting o( votes, non- applicant No.5-ShashikantBagt-ielhavingsecured 14092 votes was deelarea eleeted. The applicant had.secured 13589 votes. The applicant filed Election Petition No.8C006 befbre the District Judge, Durg. The applicant had moved an application for re-counting of votes and given undertaking before the tearned District Judge that he would be bound by the result of the re-eounting. On 01-10-2008, re-counting vrasdoneby Stiri P. Tirkey, Sub Divisional Qfficer (Reveni-ie), Patan who wasauthorized by the District Electton OfTicer, Durg. !t was found that the applicant-Vijay Kumai>'hadobtained 13426 votesand the non- applicant No.5-Shashikant Baghel had obtained 13770 votes. Consequent!y, the non-app!icantNo.5-ShashikantBaghelwasdeclaredelected. ; (6) in this view of the matter, there is no itlegality or jurisdictional error so as to justify'any interference in the scope of revisional jurisdiction in the impugned order. ' (7) In the result, there is no substance in thi^-ciwl revision whlch is accordingly dlsmissed at the stage ofadmission. Di^^^sd/:~ ^osaheb^ . ^dg^esl^ukh Tumane .-"V