RASHIDA KHATOON ABDUL KAYUM Vs. RAM WATI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, contesting respondent no.1, the State and the State Election Commission. By this writ application, petitioner has challenged the judgment and order of the Election Tribunal i.e. learned Munsif, Sheikhpura, as passed in Election Case no. 2 of 2006, dated 24.9.2008. Petitioner has contested the election for the post of Mukhiya of Gram Panchayat Raj Kare in the district of Sheikhpura. She lost to respondent no.1 and as such filed the said election petition. The solitary ground taken in the election petition was that in course of counting she and her election agents had made several written protests with regard to wrong rejection of her votes and had sought for recounting. They did not receive any favourable response and hence election petition with a prayer to re-count.

(2.) ISSUES having been framed, evidences were recorded on behalf of the petitioner, who was the election petitioner. The only material that was brought on record to show recount was a petition, which was marked as Exhibit-D. The respondents, who were the opposite parties in the election petition made out a case that no doubt the petitioner had filed an application for recount , it was duly accepted and acted upon. Recount was made and being satisfied thereafter the results were declared. For this, on behalf of respondents, due documentary evidences were produced wherein Returning Officer had noted acceptance of petitioners petition for recount and Form 20 which clearly shows that there was a recount and petitioners endorsement thereon with regard to satisfy on recount. In this writ petition, these facts have not been challenged as perverse or without any basis nor has been challenged that there was any other material evidence, which was not taken into account. If that be so, I have no reason to interfere with the impugned judgment. The writ petition is accordingly dismissed.