RAVINDRA NATUBHAI PATEL Vs. SATISHBHAI PARSHOTAMBHAI PATEL

JUDGEMENT

(1.) By way of this petition, the petitioner challenges the order passed by the Election Tribunal being Judicial Magistrate First Class, Pardi, dtd. 2/5/2022 below Exhibit -1 in Election Application No.2 of 2022, whereby learned Tribunal allowed the Election Application, quashed and set aside the declaration of result by the Returning Officer prior thereto, declaring respondent No.1 herein as Sarpanch of Dungri Gram Panchayat by 6 votes and Election Officer was directed to handover sealed ballot boxes to concerned Office in presence of Court Commissioner.

(2.) As per the case of the petitioner, he was elected as Sarpanch of Dungri Gram Panchayat, Taluka - Pardi, District - Valsad on 21/12/2021 and therefore, respondent No.1 herein preferred the Election Application before the Election Tribunal, as aforesaid.

(3.) Mr. Chitrajeet Upadhyaya, learned advocate for Mr. Kirtan H. Mistry, learned advocate for the petitioner vehemently submitted that on filing of the election application before the Court under Sec. 31 of 'the Act, 1993', without undertaking any inquiry into the application, straightaway by appointing Court Commissioner, as requested by respondent No.1 herein, recounting was ordered by the Court, that too, to be undertaken by the Court Commissioner, which is illegal. He has further submitted that without examining any witness, for the purpose of inquiry, into the election petition, no recounting could have been ordered by the Election Tribunal. He has further submitted that sub-sec. (3) of Sec. 31 of 'the Act, 1993' envisages inquiry on filing of election application to be held by the Judge and after such inquiry, learned Judge can pass an order, either confirming or declaring result or setting the election aside.