RAM GOPAL Vs. UP ZILADHIKARI MATHURA

JUDGEMENT

(1.) BY means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction in the nature of certiorari calling for the record from the Court of the Up Ziladhikari, Mathura, respondent No. 1 and quash the order dated 17th April 2004 passed by the respondent No. 1, filed as Annexure 10 to the writ petition and other consequential reliefs. By means of the order dated 17th April 2004, the respondent No. 1 has allowed the application dated 27th December 2002 filed by Ram Saran, respondent No. 3, for recounting of the votes and had directed for recounting.

(2.) BRIEFLY stated, the facts giving rise to the present writ petition are as follows : - Election for the post of the Pradhan of Gram Panchayat Badhal Incha, district Mathura was held in the month of June 2000, in which the petitioner was declared elected by a margin of 29 votes. The defeated candidate, respondent No. 3, challenged his election by means of Election Petition No. 1/1999 -2000. In the election petition, the respondent No. 3 had averred that irregularities had been committed in the counting of the votes. He gave specific number of ballot papers. Paragraphs 10 and 11 of the election petition is reproduced below :-

(3.) THE respondent No. 3 filed an application on 27th December 2002 seeking a direction for recounting of the votes. Evidence was led. The respondent No. 3 and one Sri Roshan Lal gave evidence on behalf of the election petitioner whereas the petitioner himself appeared in the witness box. The respondent No. 1 after taking into consideration the averments made in the election petition and the statement/evidence given by the respective parties, by the impugned order had directed for recounting of the ballot papers which order is under challenge in the present writ petition.