JOGA RAM Vs. DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) BY the order Dt. 15.01.2014, learned Election Tribunal [Civil Judge (Senior Division)], Sirohi, partly accepted the election petition preferred by respondent Shri Desha Ram giving challenge to the election of petitioner Shri Joga Ram as Sarpanch of Gram Panchayat Padeev. The Election Tribunal under the order aforesaid directed for recounting of ballets before the Election Tribunal. The order Dt. 15.01.2014 is impugned on the count that a direction for recounting of ballets could have been given only after arriving at a definite conclusion about severe negligence in original counting and also by reaching at satisfaction that recounting is essential to impart substantial justice, but no such eventuality exists in the present case.

(2.) BRIEFLY stated, facts of the case are that the petitioner as well as the respondent Shri Desha Ram contested the election for the office of Sarpanch, Gram Panchayat, Padeev. During the course of counting of the ballets, 142 votes were declared illegal. The ballets were recounted thrice and ultimately, the petitioner was declared won by a single vote. To challenge the election, respondent Shri Desha Ram preferred an election petition with assertion that the ballets were counted thrice and all the time there was some change in the number of votes, thus, the election deserves to be declared illegal. Learned Election Tribunal after considering the rival submissions arrived at the conclusion that the process of election adopted by the Election Officer creates certain doubts and looking to that, recounting of ballets is desirable.

(3.) FROM perusal of the order impugned, it reveals that the Election Tribunal presumed doubts about the process of election only on the count that the ballets were counted thrice. Suffice to mention here that all the 3 times, the ballets were counted at the request of respondent Desha Ram. Some difference occurred during the course of recounting, but ultimately, the petitioner was found with one vote more than the election petitioner. The assumption of the Election Tribunal about unfairness of the process of election, as already stated, is solely based on the ground of counting of ballets thrice.