RAM RATI Vs. SAROJ DEVI

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel on both sides. This appeal, by special leave, arises from the judgment of the High Court of Madhya Pradesh at Jabalpur Bench, passed on October 30, 1996, in W.P. No. 632/95.

(3.) Elections to the post of Sarpanch of Gram Panchayat, Laua Kothar Block, Raipur Distt. Rewa were held on May 30, 1994. 223 votes were polled in favour of the appellant while the respondent was polled 207 votes. In Form No. 26-B, Ex.P2, the Returning Officer had declared that the elections to the office of Sarpanch of the Gram Panchayat were held and the appellant, Smt. Ram Rati, r/o Village Loua Kothar, Raipur Kurchulian, Rewa Distt., M.P., who was a candidate in the said election, was duly elected. The said certificate of the Returning Officer is dated June 1, 1994. The respondent, feeling aggrieved filed an election petition. In the said petition, the respondent stated that the election was not properly conducted; an application for recounting was made but it was not done; evidence was adduced in support thereof. The Tribunal directed recounting, which has been affirmed by the High Court. Thus this appeal, by special leave.