K PRABHAVATAMMA Vs. B INDIRAMMA

JUDGEMENT

(1.) In the elections to the Gram Panchayat of Vankapalli Village, Gandlapenta Mandal, Anantapur District on 17-8-2001, the writ petitioner, the 1st respondent and Respondents 5, 6 and 7 contested for the office of Sarpanch. The writ petitioner was declared elected with a margin of twenty-one votes. Challenging the election, the 1st respondent filed Election O.P. No.5 of 2001 in the Election Tribunal- cum-Principal Junior Civil Judge, Kadiri. The trial of the O.P. commenced. The evidence on behalf of the 1st respondent was concluded. The Election Officer, the 4th respondent herein was examined in chief.

(2.) During the course of his cross- examination, the 1st respondent came forward with a plea that the ballot boxes be opened to verify as to whether any votes, which were polled in her favour were counted for the petitioner. The said request was opposed by the Assistant Government Pleader, appearing for 4th respondent. Arguments were advanced and reliance was placed upon the judgments of the Supreme Court on behalf of both the parties. Through its Order, dated 5-4-2001, the Election Tribunal directed opening of ballot boxes. Challenging that order, this writ petition is filed.

(3.) The contention of the petitioner is that the ballot boxes can be opened only when the Tribunal passes an order for recounting of the votes and such order can be passed only on the basis of a specific application and after adducing cogent evidence in support of the plea.