SEEMA DEVI Vs. SUMAN AND OTHERS

JUDGEMENT

(1.) Petitioner has challenged the order passed by the Election Tribunal dated 03.02.2018, ordering recount of votes of Booth No.221.

(2.) Petitioner before this court was declared elected. It was the positive case of the respondent (plaintiff in the election petition) that in Booth No.221, the votes which were polled in her favour were counted as votes in favour of successful candidates i.e. petitioner in this Court, whereas the votes which were polled in favour of successful candidate i.e. the petitioner were counted towards her votes. She has given the details of the votes allegedly obtained by her from Booth No.221.

(3.) In the election petition, specific assertion in this regard with detail had been given and during the course of evidence she appeared in the witness box and reiterated this fact. She also examined another witness who supported and asserted that in fact the votes polled in favour of the respondent herein Booth No.221, have been counted as votes of the successful candidate i.e the petitioner herein and vice versa.