SHIFA NATH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Both the above mentioned writ petitions are disposed of by this common order because they are arising from the same election but giving rise to separate Election Petitions.

(2.) In the election held on 28.01.2010, the petitioner was elected as Sarpanch of Gram Panchayat Kasturi, Tahsil Jagdalpur, District Bastar. Respondent no.2 Kundomani and respondent no.3 Krishna Kumari preferred two separate election petitions to challenge his election before the Election Tribunal. In course of trial of Election Petition, the Election Tribunal directed for holding recount of votes on 29.10.2011. The said order was challenged by the petitioner by filing W.P(C).No.6715/2010 & W.P(C).No. 6716/2010 which were allowed by order dated 23rd November, 2010 (Annexure P-8) on the ground that the Election Tribunal should not have ordered for recount without framing issues on the basis of pleadings made by the parties.

(3.) It has been argued by learned counsel for the petitioner that after the decision rendered by this Court in the earlier writ petition, Election Tribunal was required to frame issue and thereafter proceed to record evidence of the parties in the manner required in law after serving them with notice but no notice was served on the petitioner and the petitioner was proceeded exparte. He would submit that the manner in which the Election Tribunal proceeded with the trial is wholly illegal and contrary to the procedure prescribed in law, therefore, the impugned order deserves to be set aside.