U. MALLA REDDY Vs. K. SAINATH SHARMA

JUDGEMENT

(1.) Elections to the Kondayapalli Gram Panchyat, Kamalapuram Mandal were held on 29/7/2007. The petitioner and the 1st respondent contested to the office of Sarpanch. The petitioner secured 254 votes and the first respondent, 50 votes and accordingly, the petitioner was declared as elected.

(2.) The first respondent filed election O.P.No.2 of 2006 before the Election Tribunal-cum-Junior Civil Judge, Kamalapuram, challenging the election of the petitioner. It was urged that initially he was declared elected and thereafter, on intervention of the local M.L.A., the results were changed. In the election O.P., he prayed for the reliefs of recounting of votes and setting aside the election of the petitioner held on 29/7/2007. It was also prayed that further relief as would be necessary in the interest of justice be granted.

(3.) The trial of the O.P. commenced. When it reached the stage of arguments, the first respondent filed I.A.No.41 of 2009 with a prayer to appoint an advocate-commissioner to recount the votes. The petitioner did not file counter affidavit. After hearing both the parties, the Tribunal allowed the I.A. through its order, dtd. 11/9/2009. The same is challenged in this revision.