LAKHAN SINGH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) HEARD Sri T. P. Singh, learned counsel for petitioner and Sri Shashi Nandan, as well as learned standing counsel for respondents.

(2.) BY the impugned order dated 4th July, 2002, the Prescribed Authority/Sub -Divisional Magistrate, Moth, Jhansi, had allowed an application for recounting ballot papers in Election Petition No. 1 of 1999 -2000 under Section 12C of U. P. Panchayat Raj Act, 1947.

(3.) AFTER taking evidence and summoning the record, pertaining to the election, Prescribed Authority/ Sub -Divisional Magistrate found that total number of votes of all the five candidates were only 3657 and taking into account the invalid votes, the total number of votes was 3,684. It was found that Schedule 4K, giving final account of votes, was not prepared in accordance with Form 4K under Rules 104 and 107. The total number of invalid votes were 187 whereas in Schedule 4K they were shown only 27 and thus there was difference of 160 votes. Accordingly, he found that the only method to resolve the dispute is to recount the votes and that by impugned order dated 4th July, 2002, Prescribed Authority/Sub -Divisional Magistrate, Moth, Jhansi, respondent No. 1, directed for recounting.