SEEMA DEVI Vs. SUMAN AND OTHERS

JUDGEMENT

(1.) In the present revision petition, petitioner has impugned the order dated 01.09.2016, passed by Addl. Civil Judge (Sr. Division), Ratia, whereby recounting of votes has been ordered.

(2.) Order has been assailed on the ground that the court below did not appreciate any evidence before directing recount of votes. Counsel for the petitioner has vehemently argued that the Tribunal had to come to a considered decision on the basis of material/ evidence. He submits that respondent No.2, who stood at second position, did not challenge the election, therefore, recounting of votes cannot be ordered.

(3.) Plea has been opposed by counsel appearing for respondent No.1. According to him, since respondent No.1 had challenged counting of votes, the court below rightly ordered recounting. There is no infirmity with the same.