RAMESHCHANDRA BHILALA Vs. BASHIR

JUDGEMENT

(1.) This intra-Court appeal under Section 2 of the Madhya Pradesh Uchha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed challenging the order dated 26-7-2010 passed by learned Single Judge of this Court in W.P. No. 6598/2010.

(2.) Briefly stated the appellant and the first respondent contested election for the post of Sarpanch of Gram Panchayat Multhan, Tehsil Kasrawad, District Khargone. In the said election, the first respondent was declared elected as Sarpanch. Challenging his election the appellant preferred election petition under Section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 before the Sub Divisional Officer (Revenue), Tehsil Kasrawad. In the said election petition, the appellant/election petitioner prayed for recounting of the votes. The Sub Divisional Officer without framing issues and recording evidence by a non-speaking order dated 20-4-2010 allowed the said prayer made by the appellant and directed recounting of votes. In terms of the said order the recounting of the votes was done and the election of the first respondent was set aside by the Sub Divisional Officer vide order dated 25-5-2010 and the appellant was declared elected having found to have secured one vote more than the first respondent.

(3.) Aggrieved by the order dated 20-4-2010 by which recounting of the votes was ordered as also the result of recounting dated 25-5-2010 declaring the appellant to be elected on the post of Sarpanch, the first respondent filed a Writ Petition No. 6598/10 before this Court. The said writ petition was allowed by learned Single Judge vide order dated 26-7-2010. The Writ Court set aside both the orders, restored the status of the petitioner to the post of Sarpanch and directed the Sub Divisional Officer to decide the election petition in accordance with law preferably within three months. Aggrieved the appellant has filed this appeal.