RADHA GAHLOT Vs. SASHI JATAV & ORS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution, is directed against the order dated 06042013 (Annexure P1) passed by District Judge, Guna in Election Petition No.02/2012, whereby the application of the petitioner for recounting of votes (Annexure P3), is rejected.

(2.) Brief facts necessary for adjudication of this matter, are as under:

(3.) Shri Amit Lahoti, learned counsel for the petitioner, drew attention of this Court towards pleadings of election petition in paragraphs 3, 5, 8 and 9. By taking this Court to the reply filed by the Election Officer, it is urged that one vote is kept as ''tendered vote'' and petitioner had submitted an application for recounting of votes. Attention is also drawn on the statement of petitioner's witness, namely, Shri Ashok Gehlot who deposed that the application for recounting was preferred at the relevant time. On the basis of pleadings and evidence, it is contended that the court below has erred in rejecting the application. In support of his contention, learned counsel for the petitioner relied on (Ladkunwar Kori vs. Arya Lalaram & Ors., 2011 3 MPLJ 498) and (P.K.K. Shamsudeen vs. K.A.M. Mappillai Mohindeen & Ors, 1989 AIR(SC) 640).