RICHA Vs. SUSHILA SINGH

JUDGEMENT

(1.) Of a note, earlier record of the Election Tribunal was called, however, looking to the issue involved in the matter; the contentions of the parties and the willingness of learned counsel for the parties to argue the matter, I firmly find that this petition can be heard and decided finally without the record. Ergo, the petition is heard finally.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dtd. 28/3/2023 passed by the Sub Divisional Officer, Sub Division Mauganj District Rewa thereby wholly decided the election petition whereas the petitioner had moved an application questioning the maintainability of election petition. Instead of deciding the application, SDO decided the election petition finally holding that the conduct of Returning Officer was de hors the law. It is observed by SDO that the Returning Officer should have accepted the request made by the election-petitioner for recount of votes.

(3.) Learned counsel for the election-petitioner submitted that the election petition cannot be decided without framing the issues; recording the evidence of the parties and giving opportunity for crossexamining the witnesses, if any. Therefore, the manner in which election petition has been decided is absolutely contrary to law. Thus, the instant petition has been filed. Pointing out various decisions of this Court, learned counsel submitted that the impugned order being illegal, deserved to be set aside.