ANSHIKA SINGH Vs. M.P. STATE ELECTION COMMISSION

JUDGEMENT

(1.) I n this petition filed under Article 226 of the Constitution of India, grievance of the petitioner is that the election was conducted for the post of Sarpanch, Gram Panchayat Bamhori, Abda District Tikamgarh. Total votes polled during election is 593 at Polling Booth No.323, when the counting took place, the result of the Polling Station No.323 was declared and it was found that total valid votes were 516 and the rejected votes were 95 and thus total polled votes came to 611 by which 18 votes have been found to be in excess and because of this manipulation respondent No.6 has been elected.

(2.) Learned counsel for the petitioner submitted that the petitioner has filed an application for recounting the votes before the respondent No. 2 on the same day i.e. 11/7/2022 (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 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 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:-