SDM has written such a section in the order which is not in the Panchayat Raj Act High Court

Bilaspur. Bilaspur High Court News: In the case of Sarpanch election, an application was rejected by the SDM without merit. At the same time, such a section of the Panchayat Raj Act has been written in it which is not in the provision. While hearing the petition filed in this case, the High Court has dismissed the order of the SDM. Also, the petitioner’s application has been ordered to be heard on the merits.

The matter is of Ganekera Panchayat of Basna Janpad Panchayat of Mahasamund district. Jagmohan Chauhan was also a candidate in the Panchayat elections held here in the year 2020. He was defeated by Anusuiya Chauhan. On the results, Jagmohan submitted an application before the SDM demanding recounting. Which the SDM of Saraipali rejected under Rule 17 of Section 22 of the Panchayat Raj Act 1993, citing technical flaws.

On this Jagmohan Chauhan filed a petition in the High Court through his advocates Siddharth Dubey and Mala Dubey. It was told in the petition that the petitioner is a defeated candidate for the post of Sarpanch. He had submitted an application to the SDM demanding recounting, alleging malpractices in the counting of votes. Which the SDM dismissed as a fabricated section without citing the Panchayat Raj Act on the basis of merits.

In the petition, the order of the SDM was called illegal. At the same time, challenging his order, a demand was made to quash it. It was also stated in the petition that the elected candidate objected by accusing him of being attested. Which the SDM accepted without any facts. In this case, the High Court sought a reply from the SDM. To which the Saraipali SDM did not give a satisfactory answer.

On this, the High Court has set aside the order of the SDM. Along with this, the SDM has been ordered that within four months, the petitioner’s application should be heard on the basis of merit. Under this, they have been asked to take the decision of recalculation on the basis of merit.

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