GAB SINGH Vs. JORAWAR SINGH

JUDGEMENT

(1.) BY filing this writ, the winning candidate has questioned the legality and validity of an order, dated 30.4.2002 passed by competent authority under the Panchayat Act while deciding the election petition No. 1/C-144/99-2000 filed by the respondent. By impugned order, the competent authority has directed recounting of votes polled.

(2.) IT is not in dispute that petitioner has won the election of Sarpanch by one vote as against the respondent who was one of the candidate in the fray alongwith others. This led to filing of the election petition by the respondent (as defeated candidate) against the petitioner under section 122 of the Panchayat Raj Adhiniyam before the competent authority. One of the ground and indeed main ground of challenge in the election petition was manipulation/malpractice resorted in casting votes and also in its counting. It is this issue though denied by the petitioner on facts, was gone into on evidence led by the parties. By impugned order, the learned competent authority has come to a conclusion that a case of recount is made out. Accordingly, a direction to recount is issued. It is this direction which is impugned in the writ by the winning candidate.

(3.) HAVING heard learned counsel for the parties and having perused record of the case, I am inclined to accept the first submission of the respondent when he urged that this Court should decline to go into the question at this stage. Indeed, I find force in that submission. The issue whether a case of recount is made out or not and whether if given effect to, the same results eventually against either can always be examined at a later stage. Though, I am inclined to hold that prima facie, the order appears to be justified. However, my this expression would not bar the petitioner to agitate the issue against the final order, if it goes against the petitioner. Indeed, this Court would be able to examine the issue more appropriately after the final order is passed.