^r HIGH COURT OF CHHATTISGARH, BILASPUR W.P.ICt No. 705 of 2010 PETITIONER Smt. Savita Gabel wife of Dwarika Prasad Gabel, aged about 24 years, r/o village Adil, Post Aurada, Tahsil Malkharauda, District Janjgir Champa (C.G). (Candidate ofJanpad Member) Natthu Lal Gabel s/o Khageshwar Prasad Gabel, aged about 40 years, R/o Village Adil, Post Aurada, Tahsil Malkharauda, District Janjgir Champa(C.G). (Candidate of Sarpanch) Vs. RESPONDENTS 1 State of Chhattisgarh, through the Secretary, Panchayat and Social Welfare Department, D.K.S. Bhawan, Raipur, District Raipur (C.G). 2 The Chhattisgarh State Election Commission, through the Secretary State Election Commission, Raipur, District Raipur (C.G). 3 District Election Officer-cum- Collector, Janjgir Champa, District Janjgir Champa (C.G). 4 Tahsildar and Election Officer, (Panchayat), Malkharauda, District Janjgir Champa (C.G). WRIT PETITION UNDER ARTJCLE 226/227 OF THE CONSTITUTION OF INDIA Appearance: Mr. Pushpendra Kumar Patel, counsel for the petitioner. Mr. Arun Sao, Govt. Advocate, for the State/respondents on advance copy. ORAL ORDER (18.02.2010) SUNIL KUMAR SINHA, J. Heard. The petitioners have filed this petition for the following reliefs: \ 10. RELIEF(S) SOUGHT : W.P('ONo.705/2010 10.1 That this HonlDle Court may kindly call for the entire records, in relation to the case of the petitioners. 10.2 That, this Hon'ble Court may kindly be pleased to issue writ/or writs/order/or orders to direct the respondents to decide the application for conduct the fresh poll in poll number 17 of Gram Panchayat Adil, filed by the petitioners (Annexure P/4). 10.3 That, any other relief, this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest ofjustice. The petitioners, thus, in substance are praying for a direction to the respondents for conducting fresh polling in relation to the election of the Gram Panchat Adil. Mr. Pushpendra Kumar Patel, learned counsel appearing on behalf of the petitioners, submits that the results of the election have already been declared and certiflcate to the elected candidate has been issued. In view of the facts and circumstances of the case, this petition challenging the election would not be maintainable as the same would be the subject matter of the election petition. Accordingly, W.P(C).No.705/2010 is dismissed as not maintainable. However, the petitioner would be at liberty to file appropriate petition before the appropriate authority at the appropriate stage in accordance with law. ——— Sd/- Sunil Kumar Sinha Judge