LAKHAN LAL PATEL Vs. STATE OF M P

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of judgment dated 26-2-2001 passed in W. P. No. 1603/2001.

(2.) SHRI Ram Prakash Shrivastava, respondent No. 4 was declared elected as Sarpanch of Gram Panchayat Natwara, Block Sahpura, Tehsil Patan, District Jabalpur reserved for general (male candidate ). The election was held on 28-1-2000. As many as 14 persons including the appellant Lakhan-lal patel participated in the election. In the result which was declared after the election respondent No. 4 secured 323 votes and was declared elected whereas the appellant secured only 259 votes. He filed election petition under Section 122 of the M. P. Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'act') challenging the action of respondent No. 4.

(3.) THE election Tribunal, after considering the evidence and material produced before it vide order dated 26-2-2001 (document No. 1) directed for recounting of votes. Recounting of votes was undertaken and by order dated 24-3-2001 (document No. 6) the appellant was declared elected. He secured 249 votes whereas the respondent No. 4 secured only 245 votes.