KATTINOKKULA MURALI KRISHNA Vs. VEERAMALLA KOTESWARA RAO

JUDGEMENT

(1.) The elections to the Gram Panchayat of Ravimetla Village, Nidadavole Mandal in West Godavari District, were held on 02.08.2006. The petitioner, 1st respondent and two others contested in the election. In the counting of votes, initially, it emerged that the petitioner secured 552 votes and the 1st respondent 550. 67 votes were held to be invalid. Thereupon, the 1st respondent made a request to the Election Officer, the 4th respondent herein, to undertake recounting. In the recounting, the number of invalid votes was reduced to 65 and 2 votes were found valid. Out of them, one each was added to the petitioner and the 1st respondent. Thereby, the difference of votes between the petitioner and the 1st respondent continued to be two. Therefore, the petitioner was declared as elected.

(2.) The 1st respondent filed E.O.P.No.7 of 2006 before the Court of Principal Junior Civil Judge, Kovvur, under Section 233 of the Andhra Panchayat Raj Act, 1994. The principal contention was that the counting of votes was not properly done by the 4th respondent and that several valid votes polled in his favour were not counted. It was further alleged that some invalid votes were counted in favour of the petitioner.

(3.) The petitioner filed counter opposing the election petition. The trial Court framed necessary issues and recorded evidence. Through its order, dated 10.08.2007, the trial Court directed recounting of the ballot papers. The same is challenged in this C.R.P. Sri Sarva Bhouma Rao, learned counsel for the petitioner, submits that recounting of votes cannot be resorted to as a matter of course and that the evidence on record clearly discloses that no case is made out for such an exercise. He further submits that when the trial Court recorded findings against the respondent on crucial aspects, there was no basis, or justification for ordering recounting.