RIKKALA KANAKAMMA Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner and the sixth respondent contested in the election for the post of Sarpanch of Peroor Gram Panchayat, Anumula Mandal, Nalgonda District which was initially held on 30-6-1995. It is stated that polling went on peacefully on that day between 7 A.M. and 1 P.M. It is also stated that counting of the votes began on the same day at 2 p.m. and that also went on peacefully till 4-40 P.M. It is alleged that after completion of counting of votes, the result sheet was prepared by the Election Officer in From No. 17 and the particulars of the votes polled in favour of the petitioner and also in favour of the sixth respondent were announced. The petitioner got 903 votes whereas the sixth respondent got 899 votes. The seventh respondent it is alleged, with his associates, attacked the election staff and destroyed the election material. The petitioner relies upon the complaint made by the Election Officer to the Police on 30-6-1995 which was registered as Crime No. 55 of 1995 of the Police Station, Allwala, in support of her case. The petitioner submits that without conducting any enquiry and without any notice, repoll was conducted on 3-7-1995. The validity of conducting of repoll on 3-7-1995 is questioned in this Writ Petition by her.

(2.) Notice before admission was given to the respondents.

(3.) A counter-affidavit is filed on behalf of respondents 1,3,4 and 5 by the Revenue Divisional Officer, Miryalaguda. It is admitted that polling was conducted peacefully at Peroor Gram Panchayat Polling stations and counting was also done on 30-6-1995 peacefully till 4-30 P.M. It is stated that at about 4-30 P.M. a mob consisting of 150 people attacked the polling Station where the counting process was going on and snatched away the polled ballot boxes along with statutory and non-statutory covers. The District Election Authority has sent a report to the State Election Commission. The State Election Commission ordered repoll on 3-7-1995. The third respondent in its proceedings No.Lr.No.E/2523/95 dated 1-7-1995 has issued orders for re-poll and wide publicity has been given in the Gram Panchayat area a day before the repoll. It is denied that the result sheet was prepared and the Election Officer has announced the particulars of the votes polled in favour of the petitioner and in favour of the sixth respondent. It is however added that the State-ll Election Officer in his report stated that he had not signed the result sheet in Form No. 17 and the unruly mob also snatched away the Form No. 17 from him. As the polled boxes and statutory election records were destroyed, the repolling became inevitable. It is prayed that the Writ Petition be dismissed.