ANJALI BEHERA Vs. RASMITA KAR

JUDGEMENT

(1.) HEARD learned counsel for the parties. The Sarapanch of Netua Gram Panchayat under Jaleswar Block of Balasore district has filed this writ petition challenging the order dated 06.07.2013, passed by the Civil Judge (Jr. Division), Jaleswar, in Election Misc. Case No. 4 of 2012, allowing the petition filed by opposite party no. 1 for recounting of total votes polled in Netua Gram Panchayat.

(2.) THE case of the petitioner is that he had been declared elected as Sarpanch of Netua Gram Panchayat in the election held on 15.02.2013, by a margin of 12 votes, after recounting by the authorities -opposite party nos. 2 and 3, on the request of the opposite party no. 1. Being aggrieved by the result of the election, the opposite party no. 1 filed election petition before the learned Civil Judge (Jr. Division), Jaleswar, which was registered as Election Misc. Case No. 4 of 2012. In the said election case, the opposite party no. 1 filed a petition for recounting of total votes polled in Netua Gram Panchayat.

(3.) LEARNED counsel for the opposite party no. 1 on the other hand submits that in the election for the post of Sarpanch of Netua Gram Panchayat, which was held on 15.02.2013, the present petitioner was declared elected as Sarpanch by a margin of 17 votes. As the margin of defeat was less than 1% of total votes polled, opposite party no. 1 filed application for recounting of the total votes polled. Instead of recounting the total votes polled in all the wards of Netua Gram Panchayat, the Election Officer -opposite party no. 2 decided to recount the votes polled only in the ward nos. 3 and 5 and the rejected votes. After recounting the polled votes of the said two wards and the rejected votes, the margin of vote was reduced from 17 to 12 votes in favour of the petitioner and accordingly he was declared elected as the Sarpanch of the said Gram Panchayat.