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Judgment
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P. Sam Koshy, J
The present Writ Petition has been filed seeking for the following relief:-
"10(i) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to re-counting of panchayat election for the post of Sarpanch at Gram Panchayat Patan, Police Station Balodabazar, District Balodabazar Bhhatapara (C.G.), in the interest of justice."
The matter in the present Writ Petition relates to the election to the post of Sarpanch held for Gram Panchayat Patan, Division Bhatapara, District Balodabazar- Bhatapara. The elections were held on 3.2.2020 and the results were also declared on the same date and the Respondent also has been declared as the winning candidate.
Given the fact that results have already been declared more than one month's back, this Court is of the opinion that the present Writ Petition at this juncture would not be maintainable; firstly, on account of express bar as it provided under Article 243(O) of the Constitution of India and, secondly, on the ground of there being an alternative efficacious remedy under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.
The Writ Petition accordingly stands dismissed as not maintainable, reserving the right of the Petitioner to avail other remedies available to him under law.
