JALAL UDDLN Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed for quashing the impugned order dated 20-11-95, Annexure 15 to the writ petition order dated 17-8-95 Annexure 11 and the order dated 17-8-95, Annexure 12 to the petition.

(2.) I have heard learned consels for the parties and perused the records.

(3.) IN the light of the aforesaid I have examined the order of recount dated 17-8-95, which is Annexure 9 to the petition. I have closely perused the said order and in my opinion it does comply with the require ments which must be fulfilled to justify the order of recount as mentioned in the aforesaid decisions of the Supreme Court and this Court. The said order dated 17-8-95 states that the Station Officer along with five or six constables sat at the counting table No. 19 and influenced the counting. About 150 votes were wrongly declared in valid. The election petitioner on the same day sent a complaint to the State Election Commission giving the details and the Zonal Magistrate also sent a complaint on the same date to the District Magistrate.