DEVKI NANDAN DUBEY Vs. PURSHOTTAM SAHU

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution takes exception to the order of Election Tribunal dated 14.9.2016 Annexure P/10 wherebv the Tribunal directed for recounting of votes and as a consequence thereof the respondent No.1 secured more votes than the petitioner and was declared elected. The admitted facts between the parties are that this Court bv order dated 14.9.2016 did not grant stav on the operation of impugned order but made it clear that decision of recounting would be subject to final outcome of this petition. The petitioner and other private respondents were candidates for the post of Sarpanch, Gram Panchavat, Navagaon. The petitioner was elected bv a margin of one vote. The said election of petitioner was called in question bv respondent No.1 bv filing Election Petition under Section 122 of M.P. Panchavat Raj Evam Gram Swaraj Adhinivam, 1993 (for short 'Adhinivam') read with M.P. Panchavat (Nirvachan Arjia, Bhrastachar Aur Sadasvta Ke Live Nirharta) Nivam, 1995 ('Disqualification Rules, 1995).

(2.) In the said Election Petition, reliance is placed bv respondent No.1 on the application dated 27.2.2015 Annexure P/2. Bv this application, the election petitioner allegedlv raised his objection on the counting and praved for recounting.

(3.) After completion of pleadings, framing of issues and recording of evidence, the Election Tribunal passed the impugned order dated 5.9.2016 Annexure P/4 and directed for recounting.