KUNTI BAI (SMT.) Vs. STATE OF CHHATTISGARH & ORS.

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order dated 29.7.2006 (Annexure P/4), passed by the Sub Divisional Officer Sakti, District Janjgir Champa in Revenue Case No.12/A -89/04 -05.

(2.) THE petitioner and the respondent No.5 (Smt. Hema Bai) were rival candidates in the election held on 23.1.2005 for the post of panch from the Ward No.3 of Village Panchayat Arsia Tahsil Jaijaipur, district Janjgir Champa. The respondent No. 5 filed an election petition (Annexure P/1) under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993, stating that in the election held on 23.1.2005 total 44 votes were caste, out of which three votes were declared as invalid. Thus out of 41 valid votes, 25 votes were caste in favors of the respondent No.5 and 16 votes were caste in favour of the petitioner. It was told by the Presiding Officer on 23.1.2005 that the respondent No 5 would get the certificate that she is elected as Panch through the election officer, Jaijaipur. But surprisingly, on 1.2.2005 the petitioner had got the certificate that she is elected as Panch, through the Secretary of the Panchayat.

(3.) THE Sub Divisional Officer (Revenue), Sakti entertained the election petition and directed for recounting of votes. In recounting of votes it was found that the concerned officer inadvertently mentioned that the respondent No. 5 got 15' votes, instead of '25' Thus, vide order dated 29.7.2006 (Annexure P/4) the respondent No.5 was declared as winning candidate.