TELGA TULSIBAI Vs. K SHAKUNTHALA

JUDGEMENT

(1.) Elections to the Gram Panchayat of Chinnarasapally, Dahegaon Mandal, Adilabad District, were held on 14- 8-2001. The writ petitioner and Respondents 1 to 4 contested for the office of Sarpanch. In all, 557 votes were polled. The writ petitioner and the 1st respondent were declared to have secured 139 votes each. The Election Officer, the 5th respondent, declared the writ petitioner as elected on the basis of toss.

(2.) Challenging the election of the writ petitioner, the 1st respondent filed OP No.9 of 2001 in the Election Tribunal-cum- Junior Civil Judge, Sirpur. She alleged that the Election Officer committed several irregularities in the matter of counting of votes. It was her case that the husband of the writ petitioner was the Sarpanch at the relevant point of time, the Election Officer stayed in their residence and was under the influence of the writ petitioner and her husband. It was further averred that the votes were not shown to the agents and despite the request made by her, the Election Officer did not undertake recounting of votes. The 1st respondent also alleged that the Election Officer has committed irregularities even by declaring a candidate as Upa Sarpanch without majority. She claims to have objected for adopting the method of toss. She also contended that the Election Officer did not permit her or her agent at the time of undertaking the toss and that the result was declared in a clandestine manner.

(3.) The 1st respondent claimed the relief of recounting of votes, declaration of the election of the writ petitioner as void and of a further declaration that she (1st respondent) was duly elected for the office of the Sarpanch. The writ petitioner contested the matter by filing counter-affidavit.