SUSHILA DIXIT Vs. RAM PRAKASH

JUDGEMENT

(1.) INVOKING the extraordinary jurisdiction of this Court the petitioner has prayed for issue of writ of certiorari for quashment of order dated 27-12-2000 contained in Annexure P-l passed in case No. 20/c-144/99-2000.

(2.) THE facts as have been exposited are that respondent No. 1 filed an application under Section 122 of M. P. Panchayat Raj Adhiniyam, 1993 for setting aside the election of the petitioner to the post of Sarpanch of Gram Panchayat, Chhidari. It was set forth in the election petition that though a prayer was made for recounting of votes before the Competent Authority the same was not acceded to and, therefore, there should be recounting. Apart from the aforesaid assertion the election was challenged on other grounds. A written statement was filed by the contesting respondent No. 1 contending inter alia that no application was filed before the Returning Officer for recounting of votes. The other assertions were also disputed. The Specified Officer framed as many as four issues. The issue No. 4 relates to recount of votes. The respondent No. 1 before the Specified Officer submitted that he would not press other issues and only address on issue No. 4. On the basis of the aforesaid submission the Specified Officer took up the matter and came to hold that an application was filed before the Presiding Officer on 30-1 -2000 but the Presiding Officer did not ask the Returning Officer to adjudicate the same. On the basis of the aforesaid finding he directed for recounting of votes. The said order is the cause of grievance of the present petitioner.

(3.) ASSAILING the aforesaid order it is submitted by Mr. Prashant Singh, learned counsel for the petitioner that no application was filed before the Returning Officer and the finding recorded by the Specified Officer that it was submitted before the Presiding Officer is unsustainable in as much as there is no evidence that the Presiding Officer was authorised by the Returning Officer to receive the application. It is further put forth by Mr. Singh that even assuming for the sake of argument that the application was filed before the Competent Authority that would not ipso facto authorise the Presiding Officer to pass an order of recounting in absence of other material on record for making out a case for recounting.