ROOPRANI Vs. SUB-DIVISIONAL OFFICER, DAMOH

JUDGEMENT

(1.) BOTH the petitions are arising out of the order dated 31.1.2006 passed by the Sub -Divisional Officer -cum -Election Tribunal, Damoh in Panchayat Election Petition No.7 N89/04 -05 by which the election petition filed by Smt. Vidhya Rani, respondent No.3 has been allowed and the election of petitioner Smt. Rooprani has been set aside. For the convenience, facts are taken from WP No.2421 of 2006 (Smt. Rooprani v. SDO).

(2.) THE petitioner Smt. Rooprani and Smt. Vidyarani, respondent No.3 and other private respondents contested the election for the office of Sarpanch, Gram Panchayat Imlai, Janpad Panchayat, Damoh. The election was held on 16.1.2005 and counting of votes took place on 27.1.2005. After counting, an announcement was made about the total number of votes polled by the candidates. Respondent Smt. Vidyarani got one vote more than petitioner Rooprani. Thereafter, petitioner Rooprani filed an application under rule 80 of M.P. Panchayat Nirvachan Rules, 1995 for recounting. The officers, who were counting the votes at Booth No.28 and Booth No.30 rejected the application of the petitioner on the ground that "no factual reason exists, hence, rejected". The applications are on record as Annexures R3 -5 and R3 -6. Thereafter, the petitioner Rooprani approached the Returning Officer by filing an application for recounting. The Returning Officer allowed the application and directed recounting of votes of Booths No.28 and 30 of Gram Panchayat Imlai. The Returning Officer also constituted a group for recounting. This order is on record (Annexure R3 -7). Thereafter, recounting was done in which petitioner Smt. Rooprani was declared as returned candidate by a margin of three votes. This election was challenged by Smt. Vidyarani by filing of the aforesaid election petition.

(3.) THIS order has been assailed by both the parties. Smt. Rooprani, petitioner, whose election has been set aside, she has assailed the order on various grounds. Smt. Vidyarani has also assailed it on the ground that once recounting was found to be illegal and contrary to the Rules and there is finding of the Election Tribunal that Smt. Vidyarani was declared as a returned candidate, the Tribunal erred in not declaring her as a returned candidate for the office of Sarpanch.