GENDALAL Vs. NARAYAN ACHARYA

JUDGEMENT

(1.) THE election of Sarpanch of Gram Panchayat Muradpur, district Guna, was held on June, 15, 1978. The petitioner Was declared elected on 10 -7 -1978, An election petition was filed at the instance of respondent No. 1, Inter alia on the ground that the counting was not properly done as 25 votes were either improperly rejected or counted thus materially effecting the result. The respondent No. 1, asked for a recount The S. D. O. deciding the election petition ordered a recount. It was now found that respondent No. 1. had obtained four votes more then the petitioner Gendalal, Accordingly, respondent No. 1, was declared elected and the election petition was allowed.

(2.) THE main plank of attack in this petition is that the recount could not be permitted by the S. D. O. as no foundation for the same was properly laid in the election petition It is also contended that no allegations as regard illegal rejection of the votes had been made in the election petition. No. particulars as to the alleged illegality in the counting were made so as to claim a recount. It is now contended that the presiding officer had no jurisdiction to act in violation of the established principles of law as regards recount and that the election results were bound to be vitiated when the presiding officer had acted illegally.

(3.) RULE 22 (1)(d) (ii) provides that the improper reception, refusal or rejection of any vote or the reception of any vote which is void would be a good ground for setting aside the election if the election has been materially effected by it. Under rule 26, a finality attaches to the decision of the prescribed authority in the election petition. In the instant case, as already sated above, the election petition was allowed declaring the election of the petitioner who had been returned, to be void and that the respondent No. 1 hid been duly elected as Sarpanch, There being no appeal against the order of respondent No. 2 the decision is now challenged in these proceedings.