KAMAL PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved order dtd. 13/1/2023 (Annexure P/1) in Case No.01/A-89(21)/2022-23 passed by the Sub Divisional Officer (Revenue), Sub Division, Sonkatch, District Dewas (M.P.) as Specified Officer under Sec. 122 of Madhya Pradesh Panchayat Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Panchayat Act) directing recounting of the votes of all the Polling Centers of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.) within three days and sent report to the Court.

(2.) The facts of the case in short are, as under: -

(3.) Being aggrieved by the aforesaid order, the petitioner has filed the present writ petition on the ground that on 13/1/2023 the learned SDO (Revenue) wrongly directed for recounting of votes instead by calculating 122 votes in Polling Booth No.52, the petitioner ought to have been declared as an elected candidate for the post of Sarpanch. The Returning Officer as well as the District Election Officer have violated the provisions of Rule 84 of the Nirvachan Niyam by correcting Form No.17, without recording any reason, therefore, the order is liable to be set aside and the petitioner be declared as elected Sarpanch of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.).