HARI SINGH Vs. DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) The appellant/petitioner, a candidate for the post of Sarpanch, Gram Panchayat Khadwai, Janpad Panchayat Dabra, District Gwalior has felt aggrieved with the counting of votes. He has approached the Writ Court for a direction of recounting at Polling Station No.207.

(2.) The Writ Court by a detailed order has rejected the Writ Petition. In the said order, learned Writ Court has concluded that the ground with regard to discrepancy in results was raised by the petitioner for the first time before the Writ Court, in view whereof, learned Single Judge while holding that the petitioner had an efficacious remedy of filing election petition, has dismissed the Writ Petition.

(3.) Shri Sourav Singh Tomar, learned counsel appearing for the appellant/petitioner while taking exception to the impugned order contends that since counting has not been done as per the provisions contained in Rule 18 of the Rules of 1999, the representation filed for the alleged irregularity in that behalf in all fairness ought to have been addressed by the Returning Officer. Failure thereof has given rise to invocation of writ jurisdiction under Article 226 of the Constitution of India.