RAMA RANJAN MOHANTY Vs. BIJAYA KUMAR PADHIHARI

JUDGEMENT

(1.) IN the present Writ Petition, the Petitioner has sought to challenge the Order Dated 5.2.2008 passed by the Learned Civil Judge (Jr. Division), Nimapara inflection Misc. Case No. 8, of 2007 by which the Learned Civil Judge was pleased to direct opening of the ballot box and recounting the votes cast in favour of both the parties as well as the rejected votes of booth Nos. 1 and 8.

(2.) MR . Mukherjee places reliance upon Rule 51 of the Orissa Gram Panchayat Rules, 1965 (in short 'the Rules') and submits that in the present case when the original count took place, the Petitioner was found to have secured 1348 votes and Opposite Party No. 1 was found to have obtained 1349 votes. Further, the Election Officer has directed to recount in accordance with the relevant rules and pursuant to such direction for recounting, the Petitioner was found to have obtained 1345 votes whereas the Opposite Party was found to have secured 1344 votes and accordingly, the Petitioner was declared as elected.

(3.) MUKHERJEE , Learned senior Counsel appearing for the Petitioner submits that by the impugned order, directions have not been issued in consonance with the provisions of Orissa Gram Panchayat Election Rules nor with to settled proposition of law on the subject of recount. In 'this respect, Mr. Mukherjee submits that Rule 51 mandates that where a candidate seeks to challenge the result of the election and makes a prayer for recounting and such recounting is directed as noted in the present case, such recount, is held in accordance with Rule 47 of the Rules and thereafter, once in course of recount held under Rule 47 of the Rules, since Opposite Party No. 1 has not raised any objection in course of recount as required under Rule 47, he was not entitled to question the declaration of result as a consequence thereof.