SHANKAR SINGH Vs. ISHWAR LAL & ORS.

JUDGEMENT

(1.) BEING aggrieved by the order dated 19.4.2005, whereby the SDO, Alot, District Ratlam prescribed authority has directed for recounting of votes, the present petition has been filed.

(2.) SHORT facts of the case are that the election of Gram Panchayat, Samalya, District Ratlam took place on 19.1.2005. The counting took place on the same day in which the petitioner secured 358 votes and the Respondent No. 1 secured 354 votes. Since, the petitioner secured four votes more than Respondent No. 1, therefore Petitioner was declared as elected Sarpanch of Gram Panchayat, Samalya, Distt. Ratlam. The election of petitioner was challenged by the Respondent No. 1 by filing the petition under Section 122 of M.P. Panchayat Raj Adhiniyam, 1993 on various grounds including on the ground that there were 92 votes which has been wrongly rejected by the Returning Officer at the time of counting. Hence, it was prayed that the election of petitioner as Sarpanch be declared void. Petitioner submitted the reply wherein the allegations made against the petitioner were denied and it was prayed that petition be dismissed.

(3.) VIDE impugned order dated 19.4.2005 the Prescribed Authority passed the order whereby it was directed that instead of keeping the petition pending for recording of evidence unnecessarily votes should be recounted. Being aggrieved by the impugned order the present petition has been filed. Learned counsel for the petitioner submits that without framing of issue, recording of evidence and coming to the conclusion that in the interest of justice, it is necessary to direct the recounting of votes, at the initial stage the Prescribed Authority has directed for recounting of votes. Shri C.L. Yadav, learned counsel for the petitioner placed reliance on a decision reported in : AIR 1989 SC 640, PKK Shamsudeen Vs. K.A. M.M. Mohindeen, wherein it is held that : -