VIRENDRA Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) THE petitioner has invoked extra ordinary writ jurisdiction under Article 226 of the Constitution of India for assailing the judgment and order dated 30.8.2008 passed by the Additional District Judge in election petition No. 6 of 2006, Ajit Kumar Jaiswal v. Virendra and others deciding issue No. 2 as a preliminary issue whereby directions have been issued for recounting of votes for election to the post of President, Nagar Palika Parishad, Gaura Barhaj, Deora.

(2.) THE elections for the post of President, Nagar Palika Parishad were held on 31.10.2006. In the said elections apart from other candidates petitioner Virendra and Ajit Kumar Jaiswal were the main rivals. Petitioner secured a total 6422 votes whereas the rival Ajit Kumar Jaiswal secured 6234 votes and as such the petitioner was declared elected by a margin of 188 votes by the Returning Officer. THE election of the petitioner was challenged by the respondent No. 3 Ajit Kumar Jaiswal under Section 20 of the Municipalities Act by means of an election petition inter alia on one of the grounds that there was an irregularity in the counting of the votes.

(3.) IT is said that an official videography was also conducted of the counting of the votes which was not brought on record. Therefore, an application was moved to summon the CD of the official videography also but the said application was rejected by the Court on 25.3.2008.