RAJKUMARI MARKAM Vs. JHUNIA BAI NISHAD

JUDGEMENT

(1.) PETITIONER - a returned candidate has called in question the legality and validity of the order dated 5 -8 -2010 (Annex -ure P -l) passed by the Prescribed Authority i.e. SDO, Mungeli in Election Petition No. 20A -58/09 -10 whereby the Prescribed Authority has directed for recounting of the votes with regard to all the polling booths.

(2.) FACTS as have been unfolded in the writ petition are that the election for the post of Sarpanch of Gram Panchayat Mundadevri Block Pathariya, District Bilaspur was held on 3 -2 -2010 and the petitioner has been declared elected as Sarpanch of the said Gram Panchayat. Immediately after the declaration of the result, respondent No. 1 Gulab Devi filed an application before the Presiding Officer of Booth No. 73 praying for recounting of votes on the apprehension that counting has not been done properly. By separate application, recounting was prayed in relation to booth No. 73A as well. Both these applications were rejected by the concerned Presiding Officer vide his order dated 3 -2 -2010 on the ground that the said applications were belated ones. On 6 -2 -2010 the Returning Officer had also issued certificate in favour of the petitioner as per Rule 83 of Chhattisgarh Panchayat (Nirvachan) Niyam, 1995 (for short ''Niyam 1995 '') declaring her to be the Sarpanch of Gram Panchayat Mundadevri, Block Pathriya, District Bilaspur.

(3.) ON the other hand, supporting the impugned order it has been argued by counsel for respondent No. 1 as under: (i) That the recount order was passed by the prescribed authority on the basis of sufficient material and evidence adduced in the election petition. (ii) That as there was a glaring mistake in the counting which ultimately proved to be correct, the prescribed authority was fully justified in directing for recount of votes. (iii) That there may not be very specific pleading in the election petition but the sum and substance of the petition was that there were irregularities at the time of counting of votes and accordingly the order impugned is fully justified. (iv) Once after recount Gulab Devi has been declared to secure more votes than the petitioner, she is fit to hold the post of Sarpanch and the certificate should be issued in her favour.