Y IN THE HON'BLE HI6H COURT OF CHHATn:S6ARH 1 AT BILASPUR WRIT PETITEON (C) N0. ^l 2>/ /2011 PETmONER / NON-APPLICANT ^' N0. 1 Ramdulari Kashyap S/o. Shri Rambharosh Kashyap, aged about : 65 years, R/o. Village : Amora, Tahsil : ,.^0"^ ^^v 1 /"^ ^ ../^.•<'. '.••i^S^^Sy"^ Navagarh, Distn'ct : Janjgir-Champa (C.6.). VERSUS ^-~ ^' RESPONDENTS ^ .'<??^-~ *\'} ^.^- /• •'."?' /•' -.-'r^*' ./A' ^^^s^ ^^< 1] r' 2] 3] 4] 5] ^1" State of Chhattisgarh, Through : The Secretary, Department of Panchayat & Rural Welfare, Mantralaya, D.K.S. Bhawan, Raipur, District : Raipur (C.6-). The Collector, Janjgir, bistrict : Janjgir-Champa (C.6.). The Sub Divisional Officer (Revenue), Janjgir, District : Janjgir-Champa (C.6.). Siya Ram S/o. Narayan Kashyap, aged about; 26 years, R/o. Village : Amora, Tahsil : Navagarh, District ; Janjgir- Champa (C.6.). PETCTIONER BEFORE TRIAL COURT. Radhe Mohan Pandey, (Lecturer) Presiding Officer, Gram Panchayat Amora, Booth No. 146, Janpad ^i Panchayat Navagarh, Sovernment Higher Secondary School, Hardi, (Wrongly mentioned in order sheet Hadri), Tahsil : Akaltarfl, District ; Janjgir-Champa (C.6.). NON - APPLICANTNO. 2. 1 6] Shri V.K. Lakda, Returning Officer, 6ram Panchayat : Amora, Tahsil : Navagarh, District : Janjgir-Champa (C.6.). NON-APPLICANT N0. 3. WRIT PETITEON UNDER ARTECLE 226/227 OF THE CONSTrTUTION OF INDIA . -*—•—~t.Xullu--l-^&AA. HTGH C.OIJRT OF CHHATTTSOARH AT BTTA8PIJR WMT PETmON ('C)No. 5131 of2011 VF.R8TJ8 PETmONER NON-APPUCANT No.l RE8PONDENTS WBJT PETmON UNDER ARTICLE_226/227 QF THE CONSTlTUnaST OF 8B: Hon'ble Shri Satish K. Aen1hotri,J. Prasent: Shri P.K.Patei, Advocatefbrthepetitioner. Shri Arun Sao, Govemmenl Advocale for fee Stale/respondent No. 1 to 3. ORDRR <01RAI,> (Passed on 05" day ofSeptember, 2011 < 1. Challenge m tfais petition is to the order dated 16.08.2011 (Anaexure P/l) passed by the respondeiit. No. 3 in Petition No. 09/A-89(21)/2009-10, whereby tfie re.spondent No. 4 ha.s been declwed as Panch for Ward No. 5 ofGram Panchavat. Amora. ua, 2. The facte, in brief; are that the petitioaer was fhe elect.ed Paneh of Ward No. 5 ofGram Panchayat, Amora, Tahsfl Navagarh, District -JanjgiT-Champa. Against the election of the petitioner, respondent No. 4 filed an election petitioa before Ifae res{ No. 3. The respoadent No. 3, by order dat.ed 11.07.2011 (Annenire P/3), afier having considered the ca-se of the coaeemed parti^, 3. Admittedly, the order of recountmg was not challenged. Thereafler, recouiiting was allowed to be done whicfa readted into No. 4, as Panch as he got ^ petitioner obteined 40 votes in the recoutiting. Acca'dingly, the respondent No. 4 as declared dected. 4. Now, at thLs stage, qitesttoning tfae order dated 16.08,2011 (Annexure P/l) oa the ground Ifaat issues were not frameA is not available as the re-coiuiting and declaration of result has ajreadv taken place smd as a sequel to the oider dated 11.07.2011 (Annexiu-e P/3), the order dated 16.08.2011 (Annexure P/l) was assed by Ae respondent No. 3. Without there being aay challenge the original order whereby it was directed for reoounting ofvotes, the comequential order cannot be ehalienged oa the above stated s. 5. The petition is bereft ofmerit and is acoordingly disniissed. Sd/- Satish K. Agnihotri Judge ^SBt