ELISETTY BHEEMANNA DORA S/O NARAYANA MURTHY Vs. DISTRICT ELECTION AUTHORITY AND THE DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed seeking a Certiorari to call for the records relating to the order dated 3. 7. 2008 in Election O. P. No. 8 of 2006 on the file of the Court of the Election Tribunal-cum-Principal Junior Civil Judge, Kakinada and to quash the same being arbitrary and illegal.

(2.) THE writ petitioner was elected as Sarpanch of P. Vemavaram Gram Panchayat of Samalkota Mandal, East Godavari District, in the elections held on 2. 8. 2006. The 9th respondent herein, who was the unsuccessful candidate, filed Election O. P. No. 8 of 2006 before the Election tribunal-cum-Principal Junior Civil Judge, Kakinada to order recounting of all polled votes and also to set aside the election of the writ petitioner and further to declare that the 9th respondent herein/election petitioner was duly elected as Sarpanch of the Gram Panchayat. The Tribunal below, after hearing both the parties, by order dated 3. 7. 2008 allowed E. O. P. No. 8 of 2006 partly and ordered recounting of all the votes polled in the election held on 2. 8. 2006 fixing the date for recounting as 2. 8. 2008. The said order is under challenge in this writ petition.

(3.) IN the election petition, the election petitioner/9th respondent herein pleaded that the total polled votes were 1653. However, in the counting for the post of Sarpanch, which was held in two rounds, total 1492 votes were only counted. Thus, the specific case of the election petitioner was that the total votes counted were not tallying with the total votes polled. It was also alleged that the discrepancy was noticed by the election officer after preparing form-26 Result sheet, however without verifying the votes and without making any enquiry the enquiry officer made corrections in Form-26 as per his whims and fancies and declared the result. According to the election petitioner, if only the counting was done properly, he would have been the successful candidate.