DINESHBHAI RANCHHODBHAI KAPDI Vs. HARISINH DUNKHAJI ZALA

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, challenging the order passed by Principal Civil Judge (Junior Division), Lakhni dtd. 2/3/2022 below Exhibit- 01 in Election Petition No. 2 of 2021, whereby Election Petition filed by the respondent No. 1 herein came to be allowed so far as recounting of votes is concerned, directing respondent No. 3 - Election Officer, Kuda Gram Panchayat, Taluka Development Office, Taluka: Lakhni, District: Banaskantha, to submit entire record with ballot papers pertaining to election of Sarpanch of Kuda Gram Panchayat within 7 days thereof.

(2.) After passing of the order, the petitioner herein, vide applicatin Exhibit-58 requested the Court to stay the impugned order till appeal period as he wanted to prefer appeal against that order. The learned Judge vide order of 2/3/2022 passed below Exhibit-58 stayed the same so far as it relates to recounting of votes. However, Court did not stay the order directing respondent No. 3 - Election Officer to produce the record pertaining to the election of Sarpanch along with ballot papers before the Court. Therefore, recounting as per the order passed by the Court is yet not conducted because that order passed below Exhibit-58 came to be extended till today.

(3.) Mr. B.S. Patel, Senior Advocate, learned Counsel, assisted by Mr. Naman K. Brahmbhatt, learned advocate for the petitioner, vehemently submitted that recounting of votes cannot be granted on mere asking and on the ground that there is mistake in counting. It is submitted that Tribunal has not concluded that any valid votes have been wrongly rejected and invalid votes have been considered towards counting.