JARPUAL MANURI Vs. NUNAVATH CHOKLI

JUDGEMENT

(1.) This present Civil Revision Petition is filed by the respondent in Election O.P. No. 15 of 2013 under Article 227 of the Constitution of India, assailing the order dated 25.02.2014 passed in I.A. No. 837 of 2013 in E.O.P. No. 15 of 2013 on the file of the Principal Junior Civil Judge, Khammam. The facts in issue are as under:

(2.) The learned counsel for the petitioner mainly submits that the Election Tribunal erred in holding that Rules 52 and 58 of A.P. Panchayat Raj (Conduct of Election) Rules 2006 were violated and ordering recount of votes on the said ground is misplaced. He submits that any violation of these rules can be arrived at only after a full-fledged trial in the main E.P. He further submits that the allegations made in I.A. are grave and are bereft of material particulars warranting recount at this stage.

(3.) Per contra the learned counsel for the respondent submits that the very filing of the C.R.P. under Article 227 of the Constitution of India itself is not maintainable. He further submits that there is no illegality or incorrectness in the order and the same warrants no interference.