LAWS(BOM)-2005-11-31

NEETA GURUDAS NATEKAR Vs. VAISHALI FALARI

Decided On November 17, 2005
NEETA GURUDAS NATEKAR Appellant
V/S
VAISHALI FALARI Respondents

JUDGEMENT

(1.) Heard Mr. S. G. Dessai, the learned Senior Counsel for the appellant, mr. V. P. Thali, the learned Counsel for the respondent No. 1 and Mr. S. S. Kantak, the learned Advocate General for the respondents no. 4 to 8.

(2.) The appeal from order is directed against the order dated 22th November, 2005 passed by the IInd Additional District Judge, panaji,' whereby the application for interim relief moved by the present appellant in Election petition No. 1/2005 came to be dismissed. Mr. Dessai, the learned Senior Counsel for the appellant contended that the learned Additional district Judge initially granted an ex parte injunction as prayed for. However, by the impugned order, the application for injunction came to be rejected. It is submitted that the election to the Mapusa Municipal Council was held on 23-10-2005. The results of the election were declared on 24-10-2005, wherein the respondent No. l was declared elected as councillor from the relevant Ward. It is contended that as per the scheme of Rule 43 of the Goa Municipalities (Chairperson and vice-Chairperson Elections) Rules, 1969, the presiding Officer shall, at the close of the poll, prepare a ballot paper account in Form XIII and enclose it in a separate cover with the words "ballot Paper Account" subscribed thereon. The Presiding Officer has undertaken this exercise and filled in the Form No. XIII wherein it is mentioned that the total number of ballot papers in the ballot box were '1583'.

(3.) Mr. Dessai, the learned Senior counsel further contended that Form No. XIV is also required to be filled in as per scheme of rules 54 and 57 of the said Rules. Rule 54 contemplates that all the ballot papers, which are not rejected under Rule 53, shall be taken for counting and the votes recorded in favour of each candidate shall be counted with the aid of persons appointed to assist the Returning officer under clause (a) of sub-Rule (1) of Rule 50.