RAVULAPALLI PULLAIAH Vs. SHAIK NABI SAHEB

JUDGEMENT

(1.) ELECTIONS to the Gram panchayat, Kurichedu Village and Mandal, prakasam District, were held on 2. 8. 2006. The petitioner, and respondents 1 to 5 contested for the office of Sarpanch. The petitioner was declared elected. The 1st respondent filed OP No. 3 of 2006 in the court of Junior Civil Judge-cum-Election tribunal, Darsi. He pleaded that certain irregularities have taken place, in the course of counting of votes, and that the 6th respondent, who functioned as Assistant election Authority, did not follow the correct procedure. It was stated that though the postal ballots were to be counted first, according to the Election Manual; the 6th respondent counted them at the end. It was urged that though the 1st respondent secured majority of votes, the result was changed, on account of the illegal counting of postal ballots. An allegation was made to the effect that the postal ballots were manipulated. Another complaint of the 1st respondent was, that the counting of votes was undertaken one day after the polling was held. Ultimately, the 1st respondent prayed for, (a) recounting of votes, (b) setting aside of the election of the petitioner, and (c) declaration that he has been elected.

(2.) THE petitioner contested the matter by filing a counter-affidavit. He pleaded that the correct procedure was followed at every stage of election process, and that the 1st respondent did not raise any objection, at any point of time. The allegation as to manipulation of postal ballots was denied. The Election Authority also filed a separate counter-affidavit, stating that no irregularities have taken place during the course of counting of votes.

(3.) THROUGH its order dated 21. 7. 2008, the Tribunal allowed the O. P. It rejected the prayer for recounting of votes, but has set aside the election of the petitioner, and declared the 1st respondent, as having been elected as Sarpanch of the Gram panchayat. Consequential directions were issued to the Election Authorities, to take necessary steps. The petitioner challenges the order of the Tribunal.