BHAGVANRAO V PATIL Vs. JAGANNATH P PATIL

JUDGEMENT

(1.) For purposes of this appeal, we are required to take note of only some salient facts.

(2.) The appellant and the first respondent contested election for Zila Parishad from Kumbhargaon. The appellant secured 6487 votes while the first respondent secured 6676 votes at the counting of votes which took place on 3rd March, 1997. An application filed by the appellant seeking recount before the Returning Officer, alleging various irregularities and illegalities during counting of votes, was rejected. The appellant thereupon filed an Election Petition (No. 1/97) before the prescribed authority (IIIrd Additional District Judge, Satara). The trial court on 3rd May, 1997 allowed a prayer for recount of votes. As a result, recount was held on 7th June, 1997. On recount, the appellant secured 6630 votes while the first respondent secured 6519 votes.

(3.) While the matter rested thus, the first respondent filed Writ Petition No. 2759/ 97 before the High Court at Bombay, putting in issue the direction for recount. The High Court on 23rd June, 1997, while issuing rule in the writ petition granted interim relief in terms of prayer 'c' which reads, thus: