AMARSINGH HIRALAL Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) PETITIONER, who is an elected Sarpanch, of Gram Panchayat Goriya Kheda, has preferred this Writ Application under Article 227 of the Constitution of India, for quashing the order dated 23-12-1994 passed by the Sub-Divisional Officer, in Case No. 8-C/144/93-94. By this order, petitioner's election as Sarpanch of the Gram Panchayat has been set aside on an election petition filed by Respondent No. 3 Under Section 122 of the M. P. Panchayat Raj Act, 1993, and the latter has been declared elected as the Sarpanch as contained in Annexure P/9 of the Writ Petition.

(2.) SHORT facts giving rise to the present application are that election to the office of Sarpanch of Gram Panchayat Goriya Kheda was held on 7th May, 1994, and petitioner having secured 148 votes and Respondent No. 3 that is election-petitioner having secured 141 votes, the former was declared elected. Respondent No. 3 challenged the election of petitioner by filing an election petition as provided Under Section 122 of the M. P. Panchayat Raj Act, 1993. The S. D. O. by its order dated 16-3-1994 directed for recounting of the votes and ultimately, as stated earlier, set aside the election of petitioner and declared Respondent No. 3 elected as Sarpanch of the Gram Panchayat. It is relevant here to state that along with the election petition filed on 22-6-1994, security cost of Rs. 50/- only has been deposited.

(3.) SHRI K. G. Maheshwari, appearing on behalf of the petitioner, contended that the order passed by the S. D. O. for recounting of votes has been given in most casual and routine manner and in that view of the matter passing of the impugned order on the basis of such a casual and routine order is illegal and on this ground alone the impugned order is fit to be set aside.