Petitioner Respondents HIGH COURT OF CHHATTKSGARH: BILASPUR Writ Petition (c) No. 3685 of 2007 Rakesh Verma, Son of Shri Chintaram Varma, aged about 42 years, Resident of Tonatar, Poiice Station Bhathapara Rural, Tahsil - Bhathapara, District Raipur, CG. Versus 1) Chandram Verma Son of Shri Dhajaram Verma, aged about 41 years, Resident of Viliage Paian, . Poiice Station Bhathapra, Rural, Tahsii Bhathap‘ara, District Raipur, CG. 2) Tikaram Netam, Son of Shri Kuduram Netam, aged about 36 years, Occupation Agriculturist, Post Barti Dhanwai, Police Station Bhathapara Town, Tahsii Bhathapara, Dist. Raipur, CG. 3) ishwar Singh Thakur, Son of Shri Raghuraj Singh Thakur, aged about » 58 years, Resident of in front of Church, Near Subhash Bazar, Bhathapara, Poiice Station, Bhathapara Town Tahsii Bhathapara, District Raipur, CG; Devanand Verma son of Shri Madho Prasad Verma, aged about 40 years, Occupation Agriouiturist, resident of viiiage Navagraon, Present address Parsuram Ward Bhathapara, Police Station Bhathapara, Tahsil Bnathapara, District Raipur, CG. 5) Dhan Singh Dhruv son of Shri Prabhuram Dhruv, aged about 52 years, Resident of Viiiage Pasaid, Police Station ‘Bhathapara Rural Tahsil Bhathapara, District Raipur, CG. 6) Panchram Gond son of Shri Kunjram Gond, aged about 40 years, resident of Village Dhaneii, Post Dhaneli, Police Station Bhathapara Rurai, Tahsii Bhathapara, District Raipur, CG. / g‘é 7) Ramashankar Patel Son of Shri Panchram PateL aged about 35 years, Resident of Village Karhi Bazar, Poiice Station Balodabazan Chowki Karhi Bazar, Tahsil Baiodabazar, District Raipur, CG. Ramesh Navrange, Son of Shri Suhasram Navrange, aged about 35 years, resident of Village Mopka, Post Mopka, Police Station Bhathapara Rurai, Tahsii Bhathapara, District Raipur, CG. ' Rajendra Giri Goswami, Son of Shri 9) Bairam Giri Goswami, aged about 38 years, Resident of Village Khaira, Police Chowki Karhi Bazar, Police Station Balodabazar, District Raipur. CG. 1o) Ramkuresh Joshi, Son of Shri Ramsai Joshi, aged about 36 years, Resident of Village Navagaon, Post Tonatar, Police Station Bhathapara Rurai, Tahsil Bhathapara, District Raipur. CG. Sukhnandan Sahu Son of Shr 11) Tahsil Bhathapara, District Raipur, CG. ,Sushil Lahre, Son of Shri Mahesh 12) Lahre, aged about 40 years, Resident of Village Devrani, Post Maldi, Police Station Bhathapara Rural, Tahsil Bhathapara, District Raipur, CG. Santru Banjare Son of Shri Sukalu ' 13) Banjare, aged about 45 years, resident of Viltage Khamharia, Post Arjuni, Police StatiOn Bhathapara Rural, Tahsil Bhathapara, District Raipur, CG. Sampat Verma, Son of Shri Balram 14) Verma, aged about 42 years, resident of vVillage Pasid, Post Bitkuli, Police Station Bhathapara Rural, Tahsii- Bhathapara, District Raipur, CG. 'Kunjram’Sahu, aged about 42 i years, occupation Agriculturist, Resident of ' Village Kosmanda, Post Mopka, Police Station Bhathapara Rural, (“”7” 15) The Etection Ofticer, Executive Officer Bhathapara, Mandi, Krishi Upaj Mandi Bhathapara, Police Siation Bhathapara Town, Post and Tahsil Bhathapara. District Raipur, CG. The Managing Director, 16) ‘Chhattis‘gafh State Krishi Vipnan Mandi Board. Raipur, CG. , The Collector and Election Officer 17) 18) (Mandi), Raipur, District Raipur,; CG. The Sub Divisionai Officer (Revenue) and Deputy Eiection. Officer, Mandi Eiection, Bhathapara, District Raipur, CG. (Writ Petition under Articie 226 'of the Constitution of India) SB: Hon’ble Mr. Justice Satish K. Agnihotri Present: ORAL ORDER . (Passed on 29‘“ June, 2007) Learned counsel appearing for'the petitioner submits that the respondent No.1 was elected for the post of Representative of Agriculturist from Krishi Upaj Mandi, Bitkuli 'Area No.2I5 of Krishi Upaj Mandi Bhathapara, held in the month of January, 2006. 2) The petitioner, being aggrieved, tiled an election petition under the - provisions of Section 66-A of the Chhattisgarh Krishi Upaj Mandi, Adhiniyam, 1972. The election petition was allowed ex parte vide order dated 21-5-2007 (Annexure PM). Subsequently, respondent No.1 filed an application for restoring the election petition to the file under Order 9 Rule 13 read with Section 151 of the Code of Civil procedure (for short, “C‘PCu)‘ ff Shri PP. Sahu, counsel for the petitioner. Shri Yashwant Singh Thakur, Govt,. Advocate for the State. ‘ 3) Learned counsei appearing for the petitioner further submits that the provisions of the C.P.C., are not applicabie to the present case and the Eiection Tribunal has no jurisdiction to restore the petition to the tiie under any circumstances. The application has been ordered for restoration of the case to the tile without affording an opportunity of hearing to the petitioner. Further, the application was not supported by‘ medical documents. 4) Bethat as itmay, on perusal of the impugned order dated 8-6-2007, it is apparent that the respondent No.1 could not contest the election petition properly after tiling his written statement as he fell sick during period from 4-5-2007 to 25-5-2007. The Tribunal after having considered the fact that the first order dated 21-5-2007 was passed ex parte, without affording an opportunity of hearing to the respondent No.1, restored the petition to the file. >5) So far as contention of learned counsel appearing for the petitioner with regard to the notice is concerned, after restoration of the case, notice has been issued to the petitioner. The petitioner wéil have sufticient opportunity of hearing before the case is considered on merit and appropriate order is passed. < - >6) lt is well settled principle of law that no adverse order can be passed without affording an opportunity of hearing to the person concerned. it is one of the cases where election petition was ailowed without hearing the elected candidate i.e., respondent No.1. Thus. it is desirable, in the interest of justice, that the matter be decided after affording an opportunity of hearing to both the parties keeping in view the requirements of administration of justice, the impugned order passed by the Tribunal is just and proper and it does not warrant any interference. 7) The petition is accordingly dismissed. , Sd/_ \ j Satish K. Agnimttt * Judge , .. .\\ . w 7