REKHA RUPA SAHU Vs. VINEET BAFNA & ORS

JUDGEMENT

(1.) The petitioner impugns the order dated 6/4/2010. (Annexure P-13) whereby an election petition filed by the petitioner was dismissed summarily.

(2.) The brief facts in nutshell are that the petitioner being aggrieved by the election oh the post of Janpad Member, Janpad panchayat for Janpad Circle No. 3, Magarlod, District Dhamtari, preferred an election petition on the grounds that several irregularities were committed in counting of votes, wherein the returned candidate respondent No. 1 has obtained 822 votes and the petitioner has obtained 819 votes. Thus, the respondent No. 1 was declared as elected Janpad Member, Being aggrieved, the petitioner preferred an election petition under provisions of section 122 of Panchayat Raj Adhiniyam, 1993 before the Collector i.e. respondent No. 16. The said petition, was dismissed on 6/4/2010.

(3.) The petitioner has sought relief of recounting of votes in the election petition (Annexure P-10). The respondent No. 1 filed objection seeking dismissal of the petition summarily under the provisions Rule 8 of the Rules, 1995 on the ground that there is no compliance of provisions of Rule 3, 4 of the Rules, 1995.