HIGH COURT OF CHHATTISGARH AT BILASPUR CORAJVHHon'ble Shri Jagdish Bhalla, Ag. CJ. & Hon'ble Shri Dilip Raosaheb. Deshmukh, J. WritADpealNo.96 of 2007 JUDGMENT FOR CONSIDERATIQN Sd/- Ag. CHIEF JUSTICE /7 /07/2007 HON'BLE SHRI D.R. DESHMUKH. J. ^^^^_ Sd/- DUip Raosaheb Deshmukh Judge POST FOR PRONOUNCEMENT OF THE JUDGMENT:^ 10712007 _0_. Sd/- Ag. Chief Justice HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH SNa\.. CORAM: HON'BLE SHRI JAGDISH BHALLA, Ag.CJ. & HON'BLE SHRI DILIP RAOSAHEB DESHMUKH, J. Writ Appeal No. 96 of 2007 APPELLANT Parvatia, W/o Ram Prasad, aged about 46 years, R/o Village and Panchayat Govinvan, Police Station Bilaigarh, District Raipur (C.G.) VERSUS RiSPONDENTS 1. Padmini, W/o Jagannath Kalaar 2. Geeta Devi, W/o Rajesh Satnami 3. Draupadi bai, Widow of Santram Caste Gada 4. Janki Bai, W/o Labhoram, Caste Sahu 5. Renuka, W/o Rahman Singh, Caste Thakur 6. Hem Bai, W/o Hemlal, Caste Kalaar The respondents No.1 to 6 are resident of vijlage and Panchayat Govinvan, P.S. Bilaigarh, District Raipur (C.G.) 7. Presiding OfRcer, Polling Booth No.114, 8. Presiding Officer, Polling Booth No.115 9. Returning Officer Cum Nayab Tahsildar 10. Sub Divisional Officer, Bitaigarh, District Raipur (C.G.). 11. M.D. Kanvre, Sub Divisional Officer, Tahsil Bilaigarh, District Raipur (C.G.). 2 Writ Appeal under Section 2 of the Chhattisaarh Hiah Court (Appeal to Division Bench) Act 2006 read with Rule 157 (10) (a) of the Hiah Court ofChhattisaarh Rules.2005. Present: Shri Rajesh Pandey, counsel for the appellant. Shri N.K. Agrawal, Deputy Advocate General, forthe State. JUDGMENT (Delivered on_0^ July, 2007) The following order of the Court was passed by Jagdish Bhalla, Ag. CJ. This writ appea! is directed against the order dated 17.04.2007, passed by Hon'ble Single Judge dismissing the writ petition No.1571/2006, filed bythe appellant/petitioner. Brief facts of the case are that eariier Writ Petition No.3187/2005 was filed by the petitioner challenging the recounting of votes leading to election of respondent No.1 as Sarpanch. Hon'ble Single Judge allowed the writ petition after quashing the order of the Specified Officer and remanded the matter with a direction to decide the same after giving opportunity of hearing to the parties and to adduce evidence. In light of the above direction, the Specified Officer after hearing the parties directing recounting of votes by order dated 21.03.2006. Aggrieved by the said order, the appellant/petitioner has filed writ petition No.1571/2006 which was dismissed by the impugned order dated 17.04.2007. Hence, this writ appeal. The writ petition is titled as "Writ Petition under Article 226/227 of the Constitution of india." -3- has beea flted tt£«^ LearneAcouti^fw^ws^ieUfflat^^sBfieiiiBtwa^caned^^^u address this^ Court on ttie questten of Leamed counsel submitted ttiat since ttw w^ under Articte226 andArtlcte227was wrttappeal was mainteinable. We are ofthe<^lntonthatlhis-a^^4ssquar^<^vetedb^t^^^^^ vtew ®(pj»ssedby ttris Bench Jn re CShlwttt^arh ^eoito^NIUR Mazdoor Sangh Ws. Dsfi^ac^ ICly^&i^AKfti^ilw tM ^ <a(h®i» (W.A.fP^ Ato.34«&of 200^ . IR thfe ca®ateo, ttia contems^ involve<t<toes not,QryniaaKAi8E©r®ttse N^te^syit Theopier ®f€teefier» Trilwnatwa^un<tor»hallttEi@a'b®fei»theHonl3teStnglaJu^^1ri^^ ciroumslances, from the fi^prectaliOB of ttBia |ud| M^^^^^^ hereinabove and In th»iBB(R«icteteeiittmtarae^ ^l^ae <ase^ ifc<s«R^i»® sald that no writ appeal is matattriiwNe. In light of the above discussi<»itthe wftt appMlste^eitCTialBlBNa^ aiwl ttoe same is (ttwii! «taSiSue^. —— Sd/- Ag. Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge