SAPENDRA SINGH Vs. OVENDRA SINGH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is directed against the order dtd. 21/6/2023 passed by Specified Officer/Sub-Divisional Officer (Revenue), Division Ater, District Bhind (M.P.) in Case No.01/22-23/v-89 whereby the election petition filed by respondent No.1 had been allowed and directions for recounting of the votes had been issued.

(2.) Learned counsel for the petitioner, at the outset submits that the order impugned herein is not in consonance with the order dtd. 19/4/2023 passed by this Court in Writ Petition No.8691 of 2023 whereby the objections which were earlier raised by the petitioner with regard to very maintainability of the election petition preferred by the respondent No.1 were rejected and the said order was under challenge wherein this Court while allowing the petition and setting aside the order impugned herein had relegated the matter back to the Specified Officer/S.D.O. to decide the application preferred by the petitioner with regard to maintainability on its own merits.

(3.) It is further submitted that from bare perusal of the impugned order dtd. 21/6/2023, it is reflected that in the entire body, there is no discussion with regard to any decision on the application which was filed by the petitioner with regard to maintainability of the very election petition and has been directed by this Court to decide the same. In a very cursory manner, the Specified Officer/SDO had allowed the election petition without giving any finding regarding maintainability of the Election Petition and had directed for recounting. Since no decision on the application of the petitioner, with regard to maintainability of the very election petition which was directed by the Court in earlier round of litigation has been given which goes to the very root of the matter, the impugned order is per se illegal and it deserves to be set aside.