DUKKHU SINGH Vs. RAI SINGH

JUDGEMENT

(1.) Being aggrieved by the order dated 23-7-2002 passed by the learned Single Judge in Writ Petition No. 2821 of 2002, appellant has preferred this appeal under Section 10 of Letters Patent.

(2.) Facts shorn of details and necessary for the disposal of this appeal are that an election of Gram Panchayat Harrabhat was held on 28-1- 2002. The appellant Dukkhu Singh and respondent No. 1 Rai Singh also contested for the post of Sarpanch. The counting of votes took place on 30-1-2002 and the Election Officer declared the respondent No. 1 a successful candidate by announcing that respondent Rai Singh had secured 358 votes and appellant Dukkhu Singh had secured only 353 votes. The election was notified on 11-2-2002.

(3.) It is alleged by the appellant that his election agent Budhram found certain irregularities in the counting. Certain votes which ought to have been accepted were rejected and certain votes which ought to have been rejected were accepted. Agent Budhram moved an application before the Returning Officer for a recount but the Returning Officer refused to entertain the request.