PARIKHITA PADHAN Vs. BLOCK DEVELOPMENT OFFICER AND ORS.

JUDGEMENT

(1.) ORDER dated 16.12.2013 vide Annexure -4 passed by the Additional Civil Judge (Junior Division), Loisingha in Election Petition No. 6 of 2012 allowing the application filed by the present opposite party No. 3 for recounting of votes has been assailed in this writ application.

(2.) IN 2012 Panchayat Election, the present petitioner got elected as Ward Member of village -Kutrapali, Ward No. 5 of Sakma Grama Panchayat under Bolangir Block. His election was challenged by the present opposite party No. 3 on the ground that non -officially it was declared by the Presiding Officer that the petitioner got 106 votes and opposite party No. 3 (election petitioner) got 120 votes and 23 ballots were rejected and such declaration was made in presence of the candidates and their polling agents. But, subsequently by committing illegality and irregularity the Election Officer formally declared the petitioner elected as Ward Member and that the petitioner thereafter filed a written complaint to the Election Officer asking for recounting of votes. It was further alleged that when opposite party No. 3 contacted the Presiding Officer, the latter stated that there were some mistakes in filling in the "result counting votes sheet".

(3.) RECOUNTING of votes is permissible on the ground of improper acceptance or rejection of votes or mistake in counting only if material particulars are pleaded in detail in the election petition and the petition praying for recounting of votes by the court/Election Tribunal.