K SAINATH SHARMA Vs. U MALLA REDDY

JUDGEMENT

(1.) This writ appeal is directed against the interlocutory order passed allowing W.P.M.P. No. 31227 of 2010 in W.P. No. 24392 of 2010.

(2.) The first Respondent in this appeal preferred the said Writ Petition No. 24392 of 2010 calling in question the correctness and validity of an order passed by the Election Tribunal in Election O.P. No. 2 of 2006. The said Election OP has been preferred by the Appellant herein.

(3.) To cut short the long history of the case, suffice it to notice that the first Respondent herein has preferred Civil Revision Petition No. 5328 of 2009 against the interlocutory order passed on 11-09-2009 in I.A. No. 41 of 2009 by the Election Tribunal. It will be important to notice that while upholding the order under revision, this Court directed the Election Tribunal to fix a date for re-counting of votes in the premises of the Court itself under its supervision and with the assistance of the election staff, duly addressing a letter to the District Collector to depute an experienced person for the said purpose. This Court also directed the objections, if any, raised by the revision Petitioner or the first Respondent -Petitioner in the Election OP to be taken into account before the result of re-counting is declared. That order was passed on 19.04.2010. Subsequently, the first Respondent herein has once again filed C.R.P. No. 3099 of 2010 against an order dated 17.7.2010. While dismissing the said Civil Revision Petition on 23.8.2010, this Court directed the Election Tribunal to verify the objections raised by the parties as to the observations made by the District Panchayat Officer in relation to the validity or otherwise of the votes and to pass final orders in Election OP No. 2 of 2006 within one week from the said date. Thus, the Election Tribunal was put on a tight time frame limit by this Court, by its order dated 23.8.2010 passed in CRP No. 3099 of 2010 to decide the Election OP itself on merits.