SMT. ARCHANA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard Shri Ramesh Chandra Singh, learned counsel for the petitioner, Shri Ashutosh Kumar Singh and Shri S.K. Pandey, learned counsel for the respondent no. 3, and the learned standing counsel for the respondent no.

(2.) The petitioner in the writ petition is seeking quashing of the order dated 31.7.2017 whereby the Prescribed Authority, S.D.M. has directed recounting of the ballots.

(3.) The principal contention of the petitioner is that after the elections had been notified and result were declared it was not open for the respondent no. 3 to raise any such objections with regard to the validity of the electoral roll if such objection had not been taken at the time of preparation of the electoral roll. Copy of the election petition has been filed as Annexure-1 to the writ petition, in which it is stated that the strength of registered voters in the village Barahpur is 555 The elections were held on 5.12.2015, 8 booths, namely, Booth Nos 35, 36, 37, 38, 39, 40, 41 and 42 were prepared for voting. 3473 votes were cast out of which 613 were declared invalid. It was alleged that the persons residing in other villages were also included in the voter list for the village Barahpur and many persons residing in this village were shown to be voters in other villages and names of dead persons were also included in the electoral roll. On behalf of the petitioner written statement was filed denying the allegations of the election petition. Statements of Smt. Premlata, Kripa Shanker, Smt. Archana and Sri Arvind were also recorded.