SHEIKH HAFIZ Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioners are seeking a direction to the respondents for recounting of votes of Polling Booth No.174 in respect of election held on 25/6/2022 for the post of Sarpanch of Gram Panchayat Emagird, District Burhanpur (M.P.).

(2.) Learned counsel for the petitioners submitted that the petitioners have filed an application for recounting the votes before the respondents on 4/7/2022 in accordance with Rule 77(2) r/w Rule 80(1) of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995, (hereinafter referred to as 'the Rules of 1995'), but no action whatsoever has been taken by the respondents to decide the application. In these circumstances, direction may be issued to respondents to decide the same in accordance with aforesaid provision at the earliest. Learned counsel for the petitioners has further submitted that in identical petition bearing W.P.No.15343/2022 seeking similar relief, this Court has allowed the petition directing the respondents to recount the votes before declaration of results.

(3.) Constitutional amendment has been brought in the Constitution incorporating Sec. 243-O of the Constitution of India, relevant provisions whereof reads as under:-