KAMLESH GAUTAM Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) Petitioner was elected as a Sarpanch of Gram Panchayat Chimnakhari, District Seoni on 27 -1 -2005. She secured 577 votes against the respondent No. 2, who secured 564 votes. Aggrieved by it, respondent No. 2 submitted an Election Petition on the ground that the counting of votes was vitiated on account of insufficient light. Election Tribunal (Sub Divisional Officer, Revenue) Barghat, District Seoni on 26 -5 -2005 directed for recounting which was made and the respondent No. 2 was declared as Sarpanch by margin of 5 votes. Objection was raised with regard to the recounting on the ground of broken seal of the ballot box. Objection was rejected vide order dated 26 -5 -2005 contained in Annx.P/2. Since the Election Petition was decided without framing issues and without recording evidence, Writ Petition No. 4237/2005 was submitted by the petitioner before this Court challenging the order of the Election Tribunal.