ATMA RAM Vs. MANA RAM

JUDGEMENT

(1.) THE petitioner alongwith four others including the non -petitioner No. l. Mana Ram contested the election from 'Nirvachan Kshetra No. 19' of Panchayat Samiti Revdar held on 20th January, 1995. The petitioner was a candidate of B.J.P. and non -petitioner No. l. was a Congress Candidate and rest were independents. The counting took place on 22.1.1995 and the petitioner was declared successful by a margin of one solidatory vote. The petitioner secured 1053 votes and non - petitioner No. 1 secured 1052 votes. Other three candidates secured 367, 292 and 76 votes and 109 votes were declared invalid. The non -petitioner No. 1, Mana Ram filed election petition on 8.2.1995 before the Court of Distt. Judge, Sirohi and challenged the election of the petitioner mainly on two counts: (i) that Inder Singh, Sub Registrar, Abu Road played mischief in the last recounting by taking out five votes from the bundle of rejected votes and added in the petitioners total. Thereby, the petitioner got 1053 votes as against that the non -petitioner No. 1 got 1052 votes and (ii) the Polling Officer instead of issuing ballot papers meant for ward No. 19 issued to the voters of ward No. 18 and thereby, dis -entitle 29 voters from voting for ward No. 19 election.

(2.) OUT of the above two objections the election Tribunal rejected the second contention. However, by an order dated 2.5.96 the re -counting was ordered by the Tribunal as the first ground appealed to it. Aggrieved by this order passed by the Election Tribunal on 2.5.96 the petitioner has filed this petition challenging the order of recount.

(3.) FOR considering the rival submissions few facts are required to be stated which are as under: