Y GOPALAKRISHNA Vs. BALNEEDI ANJANEYULU

JUDGEMENT

(1.) THE present civil revision petition is filed by the unsuccessful petitioner in E. O. P. No. 5 of 2006 on the file of the Election Tribunal (Principal junior Civil Judge), Kovvur (hereinafter in short referred to as 'the Tribunal' for the purpose of convenience) under Article 227 of the Constitution of India.

(2.) THE said E. O. P was filed praying for recounting of votes polled for the office of the Sarpanch, Gram Panchayat, Tallapalem, with a further prayer to set aside the election of the first respondent to the post of Sarpanch of Tallapalem village and for costs and also for such other suitable reliefs.

(3.) AT the outset, it may be pointed out that no relief of declaration to declare the petitioner as newly elected Sarpanch in the event of the declaration of the election to the office of the Sarpanch in favour of the first respondent to be set aside by the Tribunal, had been prayed for. The Tribunal, on the strength of the respective pleadings of the parties having formulated the points for determination at para 8, appreciated the evidence available on record, the evidence of P. Ws. 1 to 5, R. Ws. 1 to 4, Exs. A-1 to A-8, Exs. B-1 and B-2 and ultimately came to the conclusion that the averments made in the election petition are very vague and bald and the material facts had not been averred and further the burden had not been discharged and further opined that the petitioner failed to make out a strong case to order the recounting of the votes and accordingly dismissed the election O. P. aforesaid. Aggrieved by the same, the present civil revision petition had been preferred by the unsuccessful revision petitioner.