SANTOSH KUMAR MALIK Vs. ELECTION OFFICER

JUDGEMENT

(1.) This writ petition involves a challenge to the order dtd. 11/11/2022 passed by the Civil Judge (Jr. Divn.), Salipur in Election Petition No.1 of 2022 at Annexure-5 in rejection of a recounting request.

(2.) Background involved in this case is; Opposite Party No.1 notified the election procedure of three tiers Panchayat Election, 2022 which included election for the post of Sarpanch of Katarapada Grama Panchayat involved. Petitioner and Opposite Party Nos.2 to 4 were all candidates with different symbols to each of them. Election procedure involved was conducted accordingly. On 17/1/2022 the Petitioner submitted his nomination paper and the same was scrutinized on 22/1/2022. Counting of votes took place on 27/2/2022. It is claimed by the Petitioner that there was filing of application for recounting of votes by the election agent of Petitioner which got rejected. Finally Election Officer, Nischintakoili Block declared that the Petitioner (Santosh Kumar Malik) obtained 1197 votes and his contestant Opposite Party No.2 obtained 1193 votes and accordingly declared the Petitioner to have been elected as Sarpanch of Katarapada Gram Panchayat by margin of four votes. Here it is alleged that Petitioner from Newspaper of next morning on 28/2/2022 came to know that he has been defeated by margin of two votes only. Petitioner claims, he had an application for recounting of votes, which had been illegally manipulated and rejected involving illegal rejection of the same votes of the symbol "KHOLA CHHATA " and such votes have been added to the symbol of 'SUN ' belonging to Opposite Party No.2 and there has been even a declaration that Petitioner has got 1191 votes instead of 1197 earlier mentioned wrongly and votes of Opposite Party No.2 remained as 1193 giving Opposite Party No.2 edge over Petitioner by two votes, compelling the Petitioner to bring Election Dispute registered as Election Petition No.1 of 2022.

(3.) In the pendency of the election dispute Petitioner keeping in view his allegations in the election dispute brought an application on 30/6/2022 to call for ballot box of all used and non-used ballot papers along with all documents preserved relating to Election Petition No.1 to 2022 involving election for the post of Sarpanch of Katarapada Grama Panchayat as appearing at Annexure-2. Opposite Party No.2 filed objection to such application on the premises that there is no specific information involved therein attending to the basic requirement in calling for documents as well as recounting of votes vide Annexure-3. This application has been considered and rejected by the trial court in its order dtd. 30/6/2022 vide Annexure-4 thereby giving rise to filing of the present writ petition.