NARENDRA SHARMA Vs. PAWAN SHARMA

JUDGEMENT

(1.) This writ petition has been preferred by Sri Narendra Sharma, who was elected in the elections of Nagar Nigam, Aligarh as Corporator from Ward No. 15. His election was put to challenge by the respondent No. 1-Pawan Sharma and an application for recounting was also moved. The ground for recount, which was specifically taken in the election petition a copy whereof is Annexure-1 to the writ petition, is that a total number of 4676 votes has been polled whereas the counting has been calculated on the strength of 4660 votes, it was alleged that 16 votes have not been counted and since the election petitioner has lost the election only on a thin margin of votes a recount is must. The petitioner resisted the same and his statement was also recorded.

(2.) Learned Counsel for the respondent No. 1-Shri Anoop Trivedi contends that the aforesaid allegation in the election petition stood admitted by the petitioner himself in his statement, a copy whereof is Annexure-1 to the writ petition. Shri Anoop Trivedi contends that the petitioner himself has stated that he does not know as to what are the number of votes polled and he did not raise any objection because he had an apprehension that he might lose the election. On the strength of such statement made by the petitioner. Shri Trivedi contends that it amounts to an admission with regard to the number of votes polled, i.e., 4676.

(3.) The Tribunal proceeded to consider the said statement as well and passed the order of recounting on the ground that the statement of the petitioner itself indicates that more votes were polled than what has been recorded and, therefore, recounting is necessary. The Tribunal also went on to hold that in case 16 votes have not been polled then the result would be materially ellected as the election petitioner has lost elections by a thin margin of only four votes.