MANDRADA LAXMI Vs. BALAGA RAMULU

JUDGEMENT

(1.) ORDER dated 21.08.2012 passed by the Civil Judge (Junior Division), Paralakhemundi in Election Petition No.1 of 2012 allowing application filed by the present opposite party no.1 for recounting of votes (Annexure -2) and the order dated 15.09.2012 passed by the District Judge, Gajapati, Paralakhemundi in Election Appeal No.2 of 2012 dismissing the appeal filed challenging the aforesaid order of the Civil Judge (Junior Division) as not maintainable (Annexure -4), have been assailed in this writ petition.

(2.) THE petitioner and opposite party no.1 contested the election to the post of Sarpanch of Goribandha Grama Panchayat in Kasinagar Block of Gajapati District. The petitioner having been elected as Sarpanch, opposite party no.1 filed Election Petition No.1 of 2012 in the court of Civil Judge (Junior Division), Paralakhemundi challenging such election inter alia on the ground that at least five valid votes cast in his favour have not been counted and that four invalid votes were counted in favour of the present petitioner. Apart from the above, a prayer for inspection of ballot papers for recounting being made in the election petition itself, opposite party no.1 also filed a separate petition for recounting of votes and the said petition was allowed by the learned Civil Judge (Junior Division) by his impugned order dated 21.08.2012. The petitioner challenged the said order in Election Appeal No.2 of 2012 in the court of the District Judge, Gajapati and by order dated 15.09.2012, the learned District Judge rejected the appeal as not maintainable against the interim order.

(3.) WITH regard to requirements which may justify recounting of votes the apex Court in the case of D.P. Sharma v. Commissioner and Returning Officer: AIR 1984 SC 654 observed as follows in paragraph -4 thereof :