RANJEET Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the order (Annex. 3) dated 3. 12. 1990 passed by the Munsif, Sri Karanpur District Sri Ganganagar.

(2.) THE brief facts, which are necessary for the convenient disposal of this writ petition are that the petitioner contested the election of Sarpanch, Gram Panchayat, Naggi, Tehsil Sri Karanpur and he was declared successful. Respondent No. 1 was a defeated candidate and after the election, he filed an election petition before the Munsif, Sri Karanpur on various grounds. One of the grounds was that there were irregularities in the counting. That petition is pending. However, during the pendency of the election petition the respondent No. 1 moved an application for recount of the votes. Copy of this application has been placed on the record as Annex. 2. THE learned Magistrate after hearing both the parties passed an order of recount and aggrieved against this order of recount dated 3. 12. 1990 the petitioner has filed the present writ petition challenging the same.

(3.) SO far as the present controversy is concerned, I have to see as to whether the result of the election is materially affected by improper reception, refusal or rejection of the votes or not.