High CourtsSingle Bench(2020) 03 CHH CK 0080

Sushila Verma vs Chhattisgarh State Election Commission And Ors

Chhattisgarh High Court · Decided on 16 March 2020

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 748 Of 2020

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 209 words

@JUDGMENT-JUDGMENT

P. Sam Koshy, J

1.

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."

2.

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.

3.

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.

4.

The Writ Petition accordingly stands dismissed as not maintainable, reserving the right of the Petitioner to avail other remedies available to him under law.