DILLIP KUMAR NAYAK Vs. MADAN MOHAN DUTTA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing for opposite party No. 1.

(2.) Petitioner in this application has challenged the order dated 2.7.2015 passed by learned District Judge, Balasore in Election Case No. 2 of 2012 allowing an application filed by opposite party No. 1 for recounting of the votes in respect of all the booths under Zone No. 39 of Balasore Zilla Parisad except both No. 11 of Nizampur Gram Panchayat, Booth No. 3, 11, 13, and 15 of Haripur Gram Panchayat, Booth No. 7 and 14 of Kuruda Gram Panchayat, Booth No. 12 of Saraswatipur Gram Panchayat and Booth No. 7 of Chasakhand Gram Panchayat.

(3.) The present petitioner and four others were contesting for the post of Member Zilla Parishad under Zone-39 Remuna Block. In the said election petitioner was elected Member Zilla Parishad. The opposite party No. 1 filed an application under Section 32 of the Odisha Zilla Parishad Act against the petitioner with a prayer that the Zone No. 39 under Remuna Block to be conducted through the process of Court with further prayer the election of petitioner as member of Zilla Parishad to be declared as void. In the said proceeding it was pleaded that the Presiding Officer illegally rejected the application of the opposite party No. 1 to recount the entire votes whereas the has allowed recounting of votes in respect of booth No. 11 of Nizampur Gram Panchayat, booth No. 3, 11, 13, 15 in Haripur G.P., booth No. 7 and 14 of Kuruda G.P., booth No. 12 of Saraswatipur G.P., booth No. 7 of Chasakhand G.P. It was not specifically pleaded how many ballots are and which are to be recounted though the details are available with the applicant.