ERAMMA Vs. KARNATAKA STATE ELECTION COMMISSION

JUDGEMENT

(1.) The learned counsel for the parties are heard on I.A.No.3/2021, the writ appeal and the contempt proceedings. Sri. Nitturkar Kishan, the Returning Officer, who is arrayed as the contemnor in the contempt petition, is present in person and he is permitted to argue in person on his request.

(2.) The appellant has filed the application in I.A.No.3/2021 for permission to file this intra court appeal challenging the order dated 02.02.2021 in W.P.No.200061/2021. In support of this application, the appellant asserts that she has successfully contested the election held on 30.12.2020 to the Gram Panchayat of Degalmadi from Ward No.1. The counting is held on 30.12.2020 and she is declared the returned candidate. The request by the fifth respondent, the petitioner in W.P.No.200061/2021 and another candidate in the election, for recounting of votes is rejected by the Returning Officer on 30.12.2020 with the endorsement that the request for recounting is furnished belatedly by two hours.

(3.) The learned counsel for the appellant - applicant, reiterating these assertions, submits that the fifth respondent has filed the writ petition in W.P.No.200061/2021 for a direction to recount the votes suppressing the fact that her request for recounting was already rejected. The writ petition is allowed with a direction for recounting. The learned counsel also contends that though the appellant - applicant is arrayed as the fifth respondent, the writ petition is disposed of without notice to her. The appellant-applicant, who is declared the returning candidate, should have been heard before an order for recounting of the votes was made.