MOTILAL SAKET Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondent No.5 for recounting of votes of Polling Booth No.13, 14, 15 and 16 in respect of election held on 8/7/2022 for the post of Janpad Member, village Chood Khurd, Janpad Panchayat Rampur Baghelan, District Satna (M.P.).

(2.) Learned counsel for the petitioner submitted that the petitioner has filed a n application for recounting the votes before the respondent No.5 on 12/7/2022 (Annexure P/4) 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 respondent No.5 to decide the application. In these circumstances, direction may be issued to respondent No.5 to decide the same in accordance with aforesaid provision at the earliest. Learned counsel for the petitioner 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:-