YAGYASEN Vs. THE COLLECTOR, REWA AND OTHERS

JUDGEMENT

(1.) - The petitioner is aggrieved by the order dated 09.12.2015 (Annexure P-1) passed by the respondent No.2, the Prescribed Authority under the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, whereby the election petition filed by the petitioner under Section 122 of the Aadhiniyam 1993 read with M.P. Panchayats (Election Petitions, Corrupt Practices and disqualification for Memberships), Rules, 1995 has been dismissed.

(2.) The election on the post of Sarpanch was held on 13.01.2015. The petitioner contested the post of Sarpanch of Gram Panchayat Khatkhari, Janpad Panchayat Hanumana, district Rewa on the post reserved for Scheduled Caste category, in which the respondent No.3 secured more votes than the petitioner and was declared elected. Aggrieved by the same, the petitioner filed an election petition interalia seeking relief of recounting of votes on the ground that there was irregularity and illegality in counting of votes as 21 voters from the revised list has been left out, only 3973 votes have been counted, though votes casted were 4050 in all the booth centers and 77 votes were left from counting. It was also contended that respondent No.3 was not eligible for the post of Sarpanch as he had concealed the details of his immovable properties in the declaration form. It was also urged that he had filed an application for recounting of votes on 14.01.2015 before the Returning Officer but the same was not considered and prayed that the election of the returning candidate, respondent No.3 be declared void.

(3.) The respondent No.3 filed the written statement contesting the said election petition. Both the parties adduced oral as well as documentary evidence. The Tribunal, however, after hearing the parties, dismissed the petition.