NIBEDITA ROUT Vs. MITARANI BHUTIA

JUDGEMENT

(1.) THE order dated 2.8.2007 (Annexure -4) passed by the learned Civil Judge (SD), Kamakhyanagar in Election Misc. Case No. 25 of 2007 is assailed in this Writ Petition by the opposite party No. 1 in the said Election Misc. Case.

(2.) THE election for the post of Panchayat Samiti Member of Kanpura Panchayat Samiti was held on 17th February, 2007 in which three candidates had contested. After counting of votes it was found that one Usharani Mahalik and the present Writ petitioner Nibedita Rout had secured equal number of votes, i.e. 1119 each whereas present opposite party No. 1 (petitioner before the Court below) had secured 1116 votes. By lottery, the present petitioner was declared elected. Thereafter a petition was filed for recounting of votes. On recounting it was found that there was a tie between the present petitioner and Mitarani present opposite party No. 1, inasmuch as both of them had secured 1117 votes each and Usharani had secured 1114 votes. Consequently again lottery was held and the present petitioner Nibedita was declared elected. Being aggrieved by the said election, -Mitarani, present opposite party No. 1, has filed the aforesaid Election Misc. Case before the Court below.

(3.) ACCORDING to Mr. Misra, the learned Counsel for the present petitioner, without affording opportunity to the petitioner to file her objection to the aforesaid petition filed by the present opposite party No. 1 and violating the principles of natural justice, the Court below has allowed the same. He further submitted that the main prayer in the case before the Court below being to recount the used ballot papers, the same prayer ought not to have been allowed as an interim measure. He then submitted that if the impugned order is allowed to remain, nothing more will be there to be decided in the case.