SANDHYA RANI PRADHAN Vs. SANDHYA BATI PUTEL

JUDGEMENT

(1.) Heard learned counsel for the 'parties. This writ petition has been filed challenging the order dated 15.09.2012, passed by the learned Civil Judge (Senior Division), Bhawanipatna, in Election Petition No. 17 of 2012, allowing the application of opposite party No. 1 for recounting of votes.

(2.) The case of the petitioner is that he and opposite party No. 1 contested for the election for the post of Samiti Member of Chheliamal Gram Panchayat Zone-2, which was held on 15.02.2012. In the result announced, the present petitioner was declared elected as the Samiti Member of Chheliamal Gram Panchayat Zone-2, having secured majority of the votes. Being aggrieved by the result of the election, opposite party No. 1 filed Election Petition No. 17 of 2012, before the learned Civil Judge (Senior Division), Bhawanipatna, praying for recounting of votes and to declare the present petitioner disqualified.

(3.) Subsequently, during the hearing of election petition, opposite party No. 1 filed an application for recounting of votes, on the ground that the main controversy between the parties is with regard to actual number of votes each has secured and to find out the real dispute between the parties and for proper adjudication, the votes secured by the opposite party No. 1 and the petitioner needs to be recounted through the process of Court.