SHYAM BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS petition is directed against the order dated 27. 4. 2005 (P/1) passed by the Sub-Divisional Officer- cum- Prescribed Authority, Jaisingh Nagar, Dist. Shahdol (hereinafter referred to in short as 'the Election Tribunal) by which the authority has directed for recounting of the votes for the election of Sarpanch, Gram Panchayat- Amjhor, Tehsil Jaisingh Nagar, Dist. Shahdol.

(2.) THE petitioner has assailed this order on following grounds:

(3.) SHRI Anand Dadariya, the learned Counsel for respondent No. 4, supported the order and submitted that there are specific pleadings in the election petition and respondent No. 4 has adduced evidence in support of her contention. The objections against the rejection of the ballot papers were raised at the time of counting, but it was not considered. Respondent No. 4 immediately after counting submitted her application for recounting, which was rejected without assigning any reasons. Thereafter, respondent No. 4 again approached to the Returning Officer, but her application was not entertained on the ground that the result was already declared. Thereafter the election petition was filed. It is submitted that this petition may be dismissed as having no merits.