S K MAHABOOB BEE Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) The admitted position is that the election to the office of the Sarpanch of Mangalagiripadu Gram Panchayat, Guntur District reserved for women was held on 27-6-1995. It would appear that there was some irregularity in counting. Therefore, writ petition came to be filed in the first instance and direction was given for re-counting by the High Court. Pursuant thereto, the re-counting was done in which the appellant secured 513 while Smt Khasim bee, 4th respondent secured 510 votes. Consequently, the appellant was declared to have been elected. The second writ petition came to be filed which was allowed in the impugned order dated 19-12-1995. Several contentions have been raised in the writ petition as regards the validity of the re-counting as some of the votes were declared invalid. Since statutory remedy of filing the election petition has been provided it would be appropriate that the Tribunal goes into the legality or otherwise of the declaration of some votes as invalid and of re-counting as alleged in this case. Under these circumstances, we decline to interfere with the result of the declaration. However, the 4th respondent is given time to file within 30 days from today an election petition before the Election Tribunal. The judgment of the High Court stands reversed and the writ petition dismissed.