MANJULATA SETHI Vs. SASMITA MAHALIK

JUDGEMENT

(1.) HEARD learned counsel for the parties. This writ petition has been filed challenging the order dated 18.09.2012, passed by the learned Civil Judge (Jr. Division), Balasore, in Election Misc. Case No. 24 of 2012, rejecting the petitioner's application to call for the ballot papers, final result sheet and other documents from the Election Officer and to recount the ballot papers.

(2.) THE case of the petitioner is that the petitioner and opposite party No. 1 contested the election for the post of Ward Member of Kalyani Gram Panchayat in the district of Balasore, which was held on 15.02.2012. In the result announced, the opposite party No. 1 was declared elected having secured 262 votes as against the present petitioner, who was shown to have secured 242 votes. Accordingly, the opposite party No. 1 was declared elected as Ward Member of Kalyani Gram Panchayat.

(3.) DURING hearing of the election petition, the petitioner adduced evidence in support of her pleadings in the election petition. The Presiding Officer filed his affidavit of evidence under Order 18 Rule 4 C.P.C., wherein, he specifically stated that while preparing the result sheet, due to inadvertent mistake, the figure '266' was mentioned against the name of opposite party No. 1 and the figure '242' was mentioned against the name of present petitioner. In view of such evidence on record, the petitioner filed an application to call for the documents detailed therein in order to establish the fact that there has been an error in preparing the result sheet.