SURESH KUMAR SARANGI Vs. BANSIDHAR JAGDEV

JUDGEMENT

(1.) The election of the petitioner as a Member of Kanas Panchayat Samiti from Divyasinghpur Gram Panchayat constituency has been challenged by the opposite party No.1 in an election petition filed under Section

(2.) Learned counsel for the petitioner submitted that the Election Tribunal has not given an opportunity to the petitioner to produce his witness in spite of the prayer made earlier to passing of the impugned order. He further submitted that the learned Tribunal could not have directed inspection and recounting of the ballot papers, as no case has been made out by the election petitioner.

(3.) Mr. Mohapatra, learned counsel appearing for the opposite party No.1 in this writ petition, on the other hand, contended that the learned Election Tribunal after completion of evidence and on analyzing the same, has found the necessity for inspection and recounting of the ballot papers and as no illegality or impropriety is found in the impugned order, the same should not be interfered with. The learned counsel for the petitioner also raised a question that since the opposite party No.1-election petitioner has not exercised his statutory right provided under Sub-rule (7) of Rule-31 of the Panchayat Samiti Election Rules and thus, he could not have prayed for inspection and recounting of the ballot papers in respect of the booths mentioned above. Various case laws were cited by the respective parties in support of their contentions.