URMILA BAI Vs. FOOLKUMARI

JUDGEMENT

(1.) THE pettioner is an elected Sarpanch of Gram Panchayat Nagoi, Tehsil- Kharsia,District Raigarh (C. G.). THE election of the petitioner was called in question by filing an election petition by respondent No. 1 under S. 122 of the C.G. Panchayat Raj Adhiniyam, 1993. THE petitioner was called upon to file her reply. THE petitioner filed her reply and thereafter on 13-9-2010, all of a sudden, the Tribunal heard the arguments and passed an order for recount of votes. THE Tribunal held that there was difference of only one vote between the petitioner and the respondent No. 1, respondent No. 1 had applied for recount before the Presiding Officer, but it was refused, therefore, it was necessary to order recount to get correct result. THE petitioner challenged the aforesaid order before this Court and the said order was stayed by an interim order dated 20-9-2010 which is continuing till date.

(2.) MR. Manoj Jaiswal, learned counsel appearing on behalf of the petitioner, argued that the election Tribunal has ordered for recounting of votes without framing issues and without affording proper opportunity to the parties to adduce evidence, thus.the impugned order deserves to be quashed' He relied on the decisions of this Court rendered in Parvatia v. Padmini and others, 2005 (2) CGLJ 335 and Shyam Ratan v. Siyaram and others, W.P. No. 4270 of 2005 (decided on 19-114008).

(3.) ORDER XIV of the CPC provides for settlement of issues and determination of suit on issues of law or on issues agreed upon. Rule 1 of ORDER XIV provides that issues arise when a material proposition of fact or law is affirmed by one party and denied by the other and shall form the subject of a distinct issue and thereafter, provisions have been made for framing of issues. Rule 3 of ORDER XIV provides for material from which issues may be framed and Rule 4 provides for examination of witnesses and documents before framing issues.