KEDAR SINGH Vs. DISTRICT JUDGE AGRA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution has been filed challenging the order of the Sub -Divisional Officer dated 29 -9 -1982 and the order passed in revision under Section 12C(6) of U.P. Panchayat Raj Act by the District Judge, Agra, on 13th January, 1983.

(2.) RESPONDENT 3 Jawahar Singh filed an election petition under Section 12C of the Panchayat Raj Act challenging the election of the Petitioner on a number of grounds. The difference of votes between the Petitioner and Respondent 3 was only that of one. Respondent 3 alleged that out of the total number of votes cast, he secured 181 valid votes, whereas the votes secured by the Petitioner were 180. The Returning Officer, however, in collusion with the Petitioner wrongly rejected one vote of Respondent 3 and reduced his votes from 181 to 180, while he increased the votes of the Petitioner from 180 to 181, by including one vote which did not have a seal mark. The election petition was contested by the Petitioner. On 28th August, 1982, Respondent 3 filed an application for inspection of ballot papers on the ground stated above. The application for inspection was contested by the Petitioner.

(3.) On 29th September, 1982, the Sub -Divisional Officer, who was the Tribunal trying the election petition, allowed the inspection. Against this order, the Petitioner went up in revision to the District Judge Under Section 12C(6) of U.P. Panchayat Raj Act. The learned District Judge held that the Tribunal had power to grant inspection and recount the votes after it was satisfied that a prima facie case for the same had been made out by an election Petitioner for the said purpose. The District Judge, however, found that in the instant case no satisfaction for recounting had since been recorded by the Tribunal, the Tribunal was required to enter into that controversy afresh and then to make an order of recounting if the facts of the case needed the same.