RAJ KISHOR SHUKLA Vs. BANWARI YADAV

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THIS appeal is directed against the order of the learned Single Judge dated 16th August, 2007 allowing the writ application filed by the respondent in an election matter. The appellant has contested the election of the Mukhiya from Gram Panchayat Raj Haradiya, under the Bhore Block, District Gopalganj. He has lost the election and respondent -petitioner was declared elected by the Returning Officer on 15.6.2006 by 15 votes. The appellant had moved on 16th June, 2006 an application before the Returning Officer for recounting. The application addressed to the Returning Officer for recounting reads as under: (LOCAL LANGUAGE)

(3.) THE grounds for recounting by indicting the validity of the counting made by the Returning Officer were stated to be; firstly that the election petitioner before the counting were completed was ousted from the counting centre in order to make counting in his absence to favour the other candidate though at that time the objector was leading; Secondly it was stated that an application for recounting was moved on 15.6.2006 itself but the same was torn by the Returning Officer and was not accepted.