PRAVEEN VERMA SON OF SH. C.L VERMA, R/O VPO KUMARSAIN, TEHSIL KUMARSAIN, DISTT. SHIMLA, H.P. Vs. HIMACHAL PRADESH STATE ELECTION COMMISSION THROUGH ITS SECRETARY, SHIMLA, H.P. AND ORS.

JUDGEMENT

(1.) THE petitioner filed the present petition for quashing the orders/ directions dated 19.1.2012 passed by the Authorized Officer (Sub -Divisional Officer (Civil) in an election petition having been filed by the fourth respondent against the petitioner. In fact 4th respondent had applied for recounting of the whole of ballet papers in respect of election conducted to the post of Pradhan, Gram Panchayat Kumarsain, but after consideration, this prayer was rejected. Since there was an issue whether the valid votes cast in favour of 4th respondent were illegally declared invalid, it was in that context the Authorized Officer while pressing into service the provisions of Section 169 of the Panchayati Raj Act, ordered the summoning of Panchayat Inspector, Gram Panchayat Kumarsain alongwith 93 invalid votes declared invalid by the then Assistant Returning Officer (ARO) at the time of counting alongwith guidelines in this behalf.

(2.) LEARNED counsel for the petitioner herein vehemently argued that these directions were wholly unwarranted against the law and facts, on the ground that once the issue to recount the votes was decided and rejected by the ARO, then the question of calling the invalid votes for deciding the issue was not necessary. In my opinion this argument is worth rejecting.