BHAGAUTI Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Bhagauti, seeks a writ, order or direction in the nature of certiorari quashing the order dated 25th August, 2003 passed by the Sub -Divisional Magistrate, Fatehpur, respondent No. 4, filed as Annexure -3 to the writ petition and other consequential reliefs. Vide order dated 25th August, 2003, the respondent No. 4 had directed for recounting of the ballot papers in the election held for the post of the Pradhan, Gram Panchayat Ganeshpur, Vikas Khand Bhitaura, Tehsil and District Fatehpur.

(2.) BRIEFLY stated, the facts giving rise to the present writ petition are as follows: - Election for the post of the Pradhan, Gram Panchayat Ganeshpur, Vikas Khand Bhitaura, Tehsil and District Fatehpur was notified. The petitioner Kali Charan, respondent No. 5, and 16 other persons filed their nomination forms. Election was held on 20th June, 2000. Counting was held on 26th June, 2000. In the first round of counting, both, the petitioner and the respondent No. 5, polled 145 votes each. On a request being made by the petitioner, recounting was done on the next day and the petitioner was declared elected by one vote. The respondent No. 5 challenged the election by filing an election petition under Section 12 -C of the U.P. Panchayat Raj Act, before the Prescribed Authority, respondent No. 4. A plea was raised in the election petition that irregularity had been committed in the counting of ballot papers and recounting should be done. The Prescribed Authority after considering the pleadings of the parties and the material and evidence on record, had come to the conclusion that in the present case, the difference is only of one vote and that too as a result of recounting. The irregularity has been established and therefore, recounting should be done.

(3.) THE learned Counsel for the petitioner submitted that recounting cannot be directed as a matter of course. He relied upon the following decisions: -