PANDURANG MARUTI SODHAWAR Vs. SAYYAD FAIYAJ BADASHAHBHAI

JUDGEMENT

(1.) BY this Writ Petition the petitioner is aggrieved by the order passed by Civil Judge, Junior Division, Dound (Election Tribunal) whereby the concerned Tribunal ordered that there shall be scrutiny and recount of the votes before deciding the Election Petition under Section 15 of the Bombay Village Panchayats Act, 1958.

(2.) THE brief facts to the extent they are relevant and necessary for the disposal of the Writ Petition are:

(3.) IT appears that an Application (Ex. 19) was made by the Election Petitioner for scrutiny and recounting of votes. The said application was initially ordered to be considered at the time of hearing of Election Petition but later by the impugned Order dated 4th December, 1996 the Election Tribunal has held that it is necessary that a scrutiny and recounting of votes are completed before deciding the main Application. This Order dated 4th December, 1996 passed by the Election Tribunal is under challenge at the instance of the elected candidate.