JADAV GILUA Vs. SURAJ NARAIN JHA

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution for quashing an order dated the 17th May. 1972 (Annexure "4") passed by the Election Tribunal appointed for Panchayat Election in the district of Singhbhum, allowing a prayer of opposite party No. 1 for re-opening the result of an election and allowing re-counting of ballot papers.

(2.) It appears that an election took place for the office of Mukhiya of Kiriburu Gram Panchayat, in the district of Singhbhum. There were several candidates for this office. Polling was held on the 27th May. 1971. and as a result of counting it was found that the petitioner had secured 303 votes, opposite party No. 1 had sot 302 votes and opposite Party No. 2 had got 140 votes. Besides these, 53 ballot Papers had been rejected as invalid. The petitioner was, therefore, declared elected as the Mukhiya on the aforesaid date.

(3.) An application was then filed by opposite party No. 1 before the Election Tribunal (Annexure "1") on the 31st May, 1971, challenging the election of the petitioner on the ground that the counting had not been done properly, inasmuch as 53 ballot papers were illegally rejected, his agent was not allowed entrance in all the booths, and counting was done in a haphazard manner and in the presence of unauthorised person, which affected the decision that was taken for re-lection of ballot papers. The petitioner filed a rejoinder (Annexure "2") on the 6th July, 1971, controverting the allegations aforesaid and further alleged that the election petition was not maintainable in law. It was further stated that no irregularity or illegality had been pointed out by the election-petitioner at any earlier stage.