(1.) The present petition has been filed under Article 226 of the Constitution of India arising out of the order dtd. 28/8/2023 (Annexure P3) passed by the Election Tribunal of Collector, Distt. Sidhi (MP), whereby the election petition of the respondent No.5 challenging election of the petitioner as a member of Janpad Panchayat Majholi, Distt. Sidhi, has been allowed by ordering recount of votes. The order annexure P-5 dtd. 15/9/2023 rejecting revision against the said order has also been put to challenge whereby the Commissioner has rejected the Revision on the ground of the same being not maintainable.
(2.) The learned senior counsel appearing for the petitioner has contended that the Collector has wrongly passed the order annexure P-3 directing recount without there being any just and rational basis for such an order. It is also stated that the Election Tribunal/Collector did not follow the procedure and neither framed issues, nor took evidence of the parties. By referring to the order sheets drawn by the Collector from the date of filing of the Election Petition to the date of passing of final order, it is pointed out that the case was not even fixed for evidence. The record of the election process was called and after receipt of the record, the case was straight away heard finally and the order of recount was passed.
(3.) The learned counsel for the petitioner has also submitted that the only consideration that weighed in the mind of the authority/Election Tribunal was that there was only 1 (one) vote winning margin in favour of the petitioner. It is argued by the learned senior counsel that mere fact of the election being a close contest is not sufficient to order recount, unless a palpable error or malpractice is established in the matter of counting of votes, that too after giving the parties due opportunity to rebut the allegations of malpractices in counting process.
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