SUNADHAR KAKARI Vs. B V RABANA MURTY

JUDGEMENT

(1.) PETITIONER has challenged the order dated 27.11.2003 passed by learned District Judge, Koraput in Election Dispute Case bearing M.J.C. No. 48 of 2002 allowing the prayer of the election petitioner, i.e., Opp. Party No. 1 in the present Writ Petition, for recounting of ballots of the election which was held for the 13 Mithili -II Zilla Parishad Zone on 19.2.2002. In the impugned abnormally lengthy order, learned District Judge has held that for the circumstances indicated therein with respect to votes being cast in the names of dead persons and persons substituting real voters, recounting of ballot is essential.

(2.) MR . N. C. Pati, Learned Counsel for the petitioner submitted that the impugned order is legally unsustainable as the same is contrary to the provisions laid down in the Orissa Zilla Parishad Act and Rules. According to him, the procedure and circumstances for recounting have been clearly enumerated in Rule 31, Sub -rule 7 of the Panchayat Samiti Election Rules, which applies mutatis mutandis to the election for Zilla Parishad and the facts and circumstances of the present case do not come within the parameter of the said provision. He also claimed that the grounds indicated in the impugned order do not justify for recounting of the ballots.

(3.) THE relevant portion of Section 32 of the Zilla Parishad Act, 1991 reads as follows :