KAMMARI LAXMI Vs. K MUNULA RANI

JUDGEMENT

(1.) Election to the Grampanchayat, Pagdiyal, of Ranga Redely District, was held on 02-08-2006. The petitioner and respondents 1 and 2 filed nominations for the office of Sarpanch. The petitioner was declared as elected. The 1st respondent filed O.P. No. 1 of 2006 in the Court of Junior Civil Judge, Pargi, with a prayer to declare the election of the petitioner as null and void; to direct the Election Officer, the 3rd respondent herein, to conduct re-counting of the ballot papers, and to direct him to declare the result, impartially.

(2.) According to the 1st respondent, the 3rd respondent conducted counting of votes, soon after the election, and it emerged that she secured a majority of 18 votes over the petitioner, and on a request made by the petitioner, the 3rd respondent has undertaken recounting. She alleged that, during the course of recounting, the 3rd respondent has thrown away 33 votes, polled in her favour from a window, and has added 22 fresh votes in favour of the petitioner, and that the same has given rise to the change of result in the election.

(3.) The petitioner contested the O.P., and filed counter-affidavit. She denied the allegations, and stated that the counting was done strictly in accordance with the prescribed procedure, and that the allegations made by the 1st respondent are not true, but are imaginary.