BINOD BIHARI SINGH Vs. PRAVAKAR JENA

JUDGEMENT

(1.) THE appellant was elected as the Member of Zone No. 27, Angul Zilla Parishad. His election was declared invalid by the Additional District Judge -cum -Election Tribunal, Angul in Election Misc. Case No. 70 of 2002. Being aggrieved by the judgment of the Election Tribunal this appeal has been filed invoking jurisdiction of this Court under Section 44 -Q read with Section 32 (3)(iv) of the Orissa Zilla Parishad Act, 1991 (hereinafter referred to as 'the Act').

(2.) BEREFT of unnecessary details the short facts for an effectual adjudication of his appeal are :

(3.) MR . Misra, learned counsel appearing for respondent No. 1, forcefully submitted that in the Election Misc. Case petition the process of recounting itself was challenged. Thus the submission that there was no pleading in the said petition with regard to recounting of votes is not correct. According to him no evidence at all was adduced by the appellant to prove that in fact an application for recounting of votes had been filed by him. That apart, the Election Officer was set ex parte in the case and there was no occasion for him to produce any document. Drawing attention of this Court to the deposition of P.W.2, Mr. Misra submitted that the said witness had admitted in his deposition that recounting of votes had been made on the oral objection of the appellant to the earlier counting. Further, relying on order dated 4th April, 2003 passed in the Election Misc. Case, Mr. Misra submitted that on records being called for, the authority concerned indicated that the same were not available having been already destroyed.