I? HK3JLCOURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLEBENCH HON'BI-ESHRIS.R.NAYAK,CJ. WRiT PETITION No.3310 OF 2005 Smt. Anjani Bai W/o Balla Sagarvanshi Age 37 Yrs. R/o Vill. Mura, Teh. Tilda Distt. Raipur Versus 1. Smt. Bismat Bai W/o Bhagbali Druv About37yrs. R/o Vill. Mura, Teh. Tilda Distt. Raipur 2. SDO (Revenue), Distt. Raipur. Present: Shri Raja Sharma. learned counsel for ttie petitiorwr. Shri Anand Kr. Tiwari, learned counsel for respondent No.1. PETITIONER NON-APPLICANT RESPONDENTS Applicant ORALORDER (Passed on 17tn Aprit, 2006) Smt. Bismat Bai, the 1st respondent herein being aggrieved by the election of Smt. Anjani Bai, the petitioner herein as Sarpanch of Gram Panchayat Mura, filed the election petitton befwe fhe Sub Divisional Officer (Revenue) under Section 122 ChhattisgaFh Panchayat Raj Adhiniyam and Chhattisgarh Panchayat (ElecUon Petitions, Corruption & Qualification forMemberehip) Rules 1W5. The eiection of the petitioner wasassailed OTteraffaonthe grounds thatthe petitioner does not betong to Scheduled Tribe; the Retuming OfRror has committed serious irregularity in accepting the nominatlon of the petitioner even in the absence of verification of proforma 4 . Th® eiection petition was opposed by the petitipner by filing the written statement. The learned Election Tribunal, the 2"d respondent herein. without framing issues that arise out of the pleadings of the parties and without trying them after giving reasonable opportunities to both ttie /l ^^ -c@" ^- ^ parties. perfunctorily disposed of the election petition by the impugned order. Hence, this writ petition . (2) Heard learned counsel for the parties. Alttiough several grounds were urged by the learned counsel for the parties touching on of merit, there is no need for this Court, at this stage, to adjudicate upon the mierits of the matter, because, the Court flnds infraction of procedure which governs the trial of the election petition. The 2 respondent ought to have framed theaissues arising out of the pleadings of the parties and called upon Uie election petitioner to substantiate the allegation leveled against the election ofthe petM:ioner as Sarpanch of Gram Panchayat Mura by adducing evidence. On tiiat short ground, the writ petition is allowed and impugned order is set aside and proceedings are remanded to the 2nd respondent with a direction to dispose ofthe same in accordance vnth law and in flie light ofthis order, as expeditiously as possible, atany rate withina periodof three months from the date of receipt of a copy of this order. Atl contentions raised by the parties in their respecttve pleadlngs in this Court touching on the merit of the matter are teft open to be agitsrted before the 2"d respondentfor his consideration and decision. Sd/- Chief Justice