POORAN Vs. ELECTION OFFICER JANPAD PANCHAYAT SHEOPUR

JUDGEMENT

(1.) PETITIONER has challenged the order passed by the Sub-Divisional Officer whereby he has allowed the election petition filed by respondent No. 3 Ram Niwas.

(2.) PETITIONER was elected as Sarpanch of Gram Panchayat, Sirsod in the elections held in the year 1999-2000 under the Madhya Pradesh Panchayat Raj adhiniyam, 1993. Respondent No. 3 was not satisfied with counting, therefore, he has filed an election petition under Section 122 of the Madhya Pradesh panchayat Raj Adhiniyam, 1993 (hereinafter, referred to as Adhiniyam' ). It was contended by the election-petitioner that he has contested the elections of gram Panchayat, Sirsod for the post of Sarpanch. Spectacle was allotted as election symbol to him. It was alleged that it was decided that the counting shall not be held in the night on 1-2-2000 and shall be held on 3-2-2000 at Sheopur college by the election officer. Later on the election-petitioner and his agent returned back to their home. After respondent No. 3 had gone to him, then counting was conducted by the election officer in presence of petitioner. The counting was conducted during night and there was no facility of electricity. Petitioner was declared elected by 16 votes. In spite of objection to the counting by the election-petitioner and prayer for recount, the election officer has refused to order recount. Therefore, the election petition was filed.

(3.) NOTICES were issued in the election petition and after notice and recording evidence directions for recount were given and in recounting respondent No. 3 has been declared election.