RAVI THAKUR Vs. SHIVSHANKAR PATEL

JUDGEMENT

(1.) In all these writ applications, common questions of law and fact arise for consideration and as such they are being disposed of by a common order.

(2.) The writ application pertains to the validity of election of President of the Janpad Panchayat, Mandla. One Ravi Thakur (hereinafter referred to as the returned candidate) was declared elected as a president of Janpad Panchayat, Mandla and his election as such was challenged by one Shiv Shankar Patel (hereinafter referred to as the election petitioner) by filing an election petition under Section 122 of the M.P. Panchayat Raj Act, 1994 before the Collector.Writ Petition No. 3802/94: This writ application has been preferred by the returned candidate challenging the order dated 27-9-1994 passed by the Collector, whereby his prayer for dismissal of the election petition on the ground that the election petitioner did not deposit the security cost at the time of presentation of the election petition, has been negatived and it has been held that as the security cost was deposited within the period of limitation, the election petition does not suffer from any legal defect and consequently the Collector directed for admission of the election petition.Writ Petition No. 9171/95 : This writ petition has been filed by the returned candidate for quashing the order dated 28-3-1995 whereby while disposing of the election petition by order dated 28-3-1995, two votes counted in his favour by the Returning Officer, have been declared to be illegal resulting into equality of votes between the returned candidate and the election petitioner. By the said order the Collector has directed the Returning Officer to proceed in the matter in accordance with Rule 86(6) of the M.P. Panchayat Election Rules 1994, which inter alia provides that in case of equality of votes, the result shall be decided by lot, to be drawn by the presiding officer.Writ Petition No. 1100/95: By this writ application the election petitioner complains that one invalid vote has wrongly been directed to be counted by the Collector, by the aforesaid order dated 28-3-1995, in favour of the returned candidate. Prayer is to declare the said votes invalid and on such a declaration the election petitioner be declared elected as President of the Janpad Panchayat, as he has secured more votes.

(3.) Facts, necessary for the decision of the aforesaid writ applications are that the returned candidate as also the election petitioner were elected as members of Janpad Panchayat, Mandla. They contested the election for the office of the President of Janpad Panchayat, held on 21-6-1994, in which the returned candidate Ravi Thakur was elected as President of the Janpad Panchayat and he defeated the election petitioner by a margin of two votes. It is relevant here to state that one Rajesh Pathak was also a candidate in the election and the returned candidate; election petitioner and the aforesaid Rajesh Pathak secured l0; 8 and 6 votes respectively. The election of the returned candidate as the President of the Janpad Panchayat was declared by notification dated 1-7-1994 and the election petitioner filed an election petition on 14-7-1994 challenging the election of the returned candidate as the President of the Panchayat and grievance was made in the election petition that the Presiding Officer did not comply with the statutory provision and invalid votes have been counted as valid in favour of the returned candidate.