JAGANNATH SETHI Vs. ADIKANDA PALATA

JUDGEMENT

(1.) The petitioners selection as "Samiti Sabhya" of Beguniapada Block from the Beguniapada Gram Panchayat Constituency in the election held on 15.02.2012 has been challenged by the opposite party no.1 in the court of the learned Civil Judge (Senior Division), Khallikote, Ganjam in Election Petition No. 01 of 2012 wherein direction was given vide impugned order dated 17.08.2013 for recounting of ballot papers.

(2.) The short fact of the case in hand is that the opposite party no.1 filed election dispute before the Election Tribunal to declare the election of the present petitioner, who has been elected as "Samiti Sabhya" as void and declared the opposite party no.1, the election petitioner as duly elected "Samiti Sabhya" by recounting the votes. It is alleged that the opposite party no.1-election petitioner sought for recounting of votes cast in favour of the petitioner were improperly rejected and some were improperly admitted and counted in favour of the returned candidate. Since the difference of vote is only one as declared by the Election Officer, therefore there should be recounting of votes to arrive at a just conclusion with regard to the finding of the truthness of the counting of votes.

(3.) The petitioner, who is opposite party no.1 in the Election Dispute case and the returned candidate stated that he has secured 853 nos. of votes whereas the opposite party no.1-election petitioner has secured 850 nos. of votes. After declaration of result, objection was raised from the side of the election petitioner-opposite party no.1 herein and on consideration of such objection the Election Officer allowed for recounting. After recounting, the total number of votes was enhanced to 2421 in place of 2412 and 9 surplus votes came out as a result returned candidate lost two nos. of votes and accordingly the returned candidate obtained 851 votes instead of 853 votes. But the vote of election petitioner-opposite party no.1 remained at 850. Therefore, the present petitioner was declared elected as "Samiti