ANIL HEMU MAHAJAN Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondents for recounting of votes of Polling Booth No.147, 148, 149, 150, 151 and 152 in respect of election held on 25/6/2022 for the post of Sarpanch of Gram Panchayat Mohammadpura, District Burhanpur (M.P.).

(2.) Learned counsel for the petitioner submitted that the petitioner has filed an application for recounting the votes before the respondent No.3 on the same day i.e. on 25/6/2022 (Annexure P/3) 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'). He has also filed an application on 30/6/2022 before respondent No.2 so also through registered post, 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:-