THAMAN BARMAIYA Vs. SHASHI KARNA

JUDGEMENT

(1.) Petitioner (hereinafter referred to as the 'returned candidate') as also respondent No. 2 (hereinafter after referred to as the 'election petitioner') were candidates for election to the office of the Vice-President of the Janpad Panchayat, Mandla, for which election was held on 29-2-2000. In the said election 24 Janpad Panchayat members exercised their right of franchise. In the counting, two votes were declared invalid and out of remaining 22 valid votes, returned candidate as also the election petitioner secured 11 votes each. As both the candidates have secured equal number of votes, election was decided by lot as contemplated under Rule 16(7)(ii) of the M.P. Panchayat (Upsarpanch, President and Vice President) Nirvachan Niyam, 1995. In this exercise, returned candidate was declared elected.

(2.) Aggrieved by the same, election petitioner filed election petition as provided under Section 122 of the M.P. Panchayat Raj Act, 1993. Election Petitioner, in his election petition, averred that although he had secured 12 votes, but one vote was wrongly declared invalid by the Presiding Officer and therefore, both the candidates having secured equal number of votes, returned candidate was declared elected in the draw of lot. Accordingly, prayer made by the petitioner in the election petition was to declare the election, of the returned candidate to be void and further prayer made by him was to declare him to have been duly elected having secured 1 vote more than the return candidate. Returned candidate appeared and filed his reply. Various pleas have been taken by the returned candidate in his reply, but in view of the order which I propose to pass in this writ petition, I deem it inexpedient to give in detail the pleas taken by the returned candidate. Suffice it to say that the assertion made by the election petitioner that one vote cast in his favour was wrongly rejected, has been denied by the returned candidate. Election petition was posted for consideration before the Additional Collector on 13-3-2000 and after hearing the counsels for the parties, Addl. Collector held that for the decision of the question involved in the election petition, no evidence is required to be led. Accordingly, by the said order, it directed for scruting of the invalid votes and fixed 16th of March 2000 as the date of its scruting. After scruting, it was found that one vote cast in favour of the election petitioner was wrongly declared invalid and accordingly, the Addl. Collector found that the election petitioner has secured one vote more than the returned candidate and as such declared election of the returned candidate to be void and further declared the election petitioner to have been duly elected.

(3.) Aggrieved by the same, returned candidate has preferred this writ petition under Art. 227 of the Constitution of India and prays for quashing of the order dated 16th of March, 2000 (Annexure P4) whereby his election as Vice President of Janpad Panchayat has been set aside and election petitioner has been declared to have been validly elected .