PRITHVI RAJ BHAGAT Vs. STATE & ORS.

JUDGEMENT

(1.) The dispute in this Writ Petition is raised about the election of private respondent as Sarpanch of Panchayat Halqa Manthla-27.

(2.) The petitioner was candidate in the elections, but lost the same. He filed appeal before the appellate authority in terms of Section 43 of the Panchayati Raj Act 1989 (for short "Act of 1989"). The appeal has been dismissed that is how the petitioner has landed in this Court by filing Writ Petition, wherein he has challenged the election of the private respondent as also the order of the appellate authority.

(3.) Learned counsel for the petitioner submitted that the election process stands vitiated as bogus votes were cast and that the petitioner's agents were not permitted to enter into the counting hall and his signatures on form PEL-17 were obtained under pressure and duress. The appellate authority has stated in the impugned order that the Counting Assistants in their recorded statements, have stated that the counting process was smooth, fair and free, and no objection was raised about same by the candidates. It is also stated that the signatures of the candidates and counting staff were obtained on form PL-17 during the counting of votes. There being no material placed on record displacing the findings recorded by the appellate authority, the court has no option, but to accept these findings of the appellate authority.