(1.) Challenge in this petition filed under Article 226 of the Constitution of India, is to the order dated 18.08.2015 passed by the Election Tribunal i.e. Sub Divisional Officer (Revenue), Mahasamund, whereby, the Election Tribunal has directed for holding a recount.
(2.) In the election of Sarpanch of Gram Panchayat, Patewa conducted on 04.02.2015, the writ petitioner secured 314 votes and the respondent No.2 (Election Petitioner) secured 313 votes. Thus, the petitioner was declared elected by margin of one vote. The respondent No.2 preferred election petition alleging that initially he was shown to have secured 314 votes and the petitioner had secured 313 votes and there was a dispute with regard to proper counting at booth numbers 125 & 126. According to the election petitioner, the writ petitioner had secured 175 votes in booth number 125 which was subsequently interpolated and was shown to have secured 177 votes, therefore, the election deserves to be set-aside and a recount may be held.
(3.) The writ petitioner submitted his reply before the election tribunal and contested the election petition. By denying all the averments, he stated that no mistake has been committed in counting of ballots, therefore, the election petition deserves to be dismissed.
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