03g wa~ IN HIGH COURT OF CHHATTIseARH AT BILAsPUR WRIT PETITION (c) No. CfHS OF zo1o PETITIONER (5/; WWLE BEWH s‘hifa Narh, wife of Shru' Shivendra Nafh, aged about 28 years, resident of Kasfur'i, Tehsil Jagdalpur Disfr'ic Basiar (CG) Vs RESPOND ENTS 1./SfaTe of Chhaf’risgarh, through The Sub Divisional Officer ’ (Revenue)/ Prescribed Officer uhder‘ ’rhe C.G. Panchayaf Raj & Gram Swaraj Adhim‘yam, 1993.; Basfar' a? Jagdalpur (CG) 2:;kundomani, daughfer of 5hri Sodhur‘am, aged ubouf 40 yeaes, residenf of Village Kasfdri, Tehsii .Jagdaipur, Disfricf Bastar' . ,(CG) /’ -; 3.Krishna Kumari, daughfer w: of Shri Raghunafh, aged obouf 23 year's, residenf of TehsH Viiiage Kasfur'i, Jagdaipur', Disfr'icf 'Basfor (Ce) 4 Padmoni, wife of Khagpa‘ri, 4O years, residen‘r of Viliage Kasfuri, ,At'i‘jaged abOLIT , f 4;; Tehsil Jagdalpur, Disfricm‘ Eas‘rar‘ (CG) 5ff'Presiain9 Office” ”Hing Boofh No.33, Panch‘hym‘ KasTur'i, Jagdulpur‘, Districf Basfar (CG) (Shri Prasad Singh Naag, Maanchfir‘akaar‘, Office of Superinfending Engineer, Tehsil s fw/(CG) 6. Presiding Officer, Polling BooTilw No.34, Gram Panchaya’r Kasfur‘i, Tehsil Jagdalpur, Districf Basfar (C6) (Shri Ramakan’r Dwivedi, v Gram Tehsil Indirawafi Projecf Circle, Jag'dalpur, Disiricf Bafar‘ Lec’rur'er, Maharani School, Jagdaipur, Disfr'icf Basiar (CG) PETITION uNDER ARTIcLE 226 OF THE N CONSTITuTION OF INDIA \GX HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (C) N0. 6715 0f2010 Shifa Nath. VERSUS RESPONDENTS : State of Chhattisgarh & Others. PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Rajeev Shrivastava, Advocate for the petitioner. Shri A.V.Shridhar, Panel Lawyer for the State. Shri Subhash Yadav, Advocate for the caveator/respondent No. 3. ‘ORDER ORAL (Passed on 23' day 0f November, 2010) 1. Learned counsel appearing for the petitioner submits that the Sub Divisional Officer (Revenue), Jagdalpur, i.e. Election Tribunal, without following statutory provisions of law, vide the impugned order dated 29.10.2010 (Annexure P/7) passed in Election Petition No. 10/A—89-A(2l)/2009-10, allowed the election petition filed by the respondent N0. 3, and directed for recounting of the votes in respect of election of Sarpanch of Gram Panchayat, Kasturi, Tahsil Jagdalpur, District Bastar, wherein the petitioner was declared as returned candidate, \ without framing the issues and recording evidence of witnesses. 2. Learned counsel appearing for the respondents fairly submit that the impugned order suffers from deficiency and infirmity on account of the above stated reasons. Thus, the impugned order may be quashed and further the matter may be remitted back to the election tribunal for dedi’ding the same in accordance with I law, after framing issues and examining witnesses properly . {VI w g 3. This Coutt in Parvatia v. Padmini & Others] and Shyam Ratan v. Siyamm & Othersz held that no election petition can be decided without framing issues. Again this Court in Balaram Rathore v. State of Chhattz’sgarh & 0thers3 after considering various provisions held as under: “9. In the case on hand, there is a material denial of the proposition, as affirmed by the applicant before the election tribunal. Thus, framing of issues and examination 0f witnesses is necessary before passing the order. The impugned order passed by the election tribunal, it appears to have been passed without complying with the substantial procedure as provided under the provisions of law”. 5. In View of foregoing, the impugned order dated 29.10.2010 (Annexure P/7)v is quashed. The matter is remitted back to the Election Tribunal to restore in its original file and decide the case, in accordance with law as settled by this Court. 6. In the result, the writ petition is allowed to the above extent. It is expected that the election petition may be considered and decided as expeditiously as possible, in accordance with law. ( sty— Satish K. Agnihotri L Judge Amit it: r 1 2005 (2) CGLJ 335 3 w.P.(C)No.3573 of2010 (decided on 3 1—08—2010) r 2 W.P. No.4270 of2005‘(decided on 19-1 1-2008)