NARENDRA PATEL Vs. AMARKANT TIWARI

JUDGEMENT

(1.) Challenging the order dated 22.11.2010 Annexure P/3 passed by the Sub Divisional Officer, Tahsil Huzur, District Rewa allowing an election petition filed by respondent No. 1 Shri Amarkant Tiwari under Section 122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, petitioner has filed this petition.

(2.) In the election to the Gram Panchayat in question namely Ituara Janpad Panchayat, Raipur Karchuliyan, District Rewa held on 18.1.2010 petitioner was declared as elected. In the result declared, petitioner polled 203 votes, 198 votes were cast in favour of respondent No. 1. Inter alia contending that counting of vote in the election was not properly undertaken, certain invalid votes had been counted in favor of the petitioner and certain valid votes have not been counted in favor of respondent No. 1, as such the result and final outcome of the election is materially effected and further contending that the facilities available in the process of counting of votes was not proper, materially effecting the outcome of the election, the election petition was filed by the respondent No. 1. Petitioner appeared and refuted the aforesaid. However, no issues were framed and after recording of evidence, the impugned order has been passed.

(3.) Shri M. P. Shukla, learned counsel for the petitioner by taking me through the pleadings of the petition, complaints submitted and various other documents available on record, tried to emphasize that in this case election petition is decided without framing of issues. As such the entire trial stands vitiated. It is further argued by him that when the counting of votes were done, neither the respondent No. 1 nor his witnesses have raised any objection and therefore, directing for recounting on the objection raised for the first time in the election petition is said to be unsustainable.