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1997 DIGILAW 211 (RAJ)

Shanti Lal S/o Shri Bheru Lal v. State of Rajasthan

1997-02-04

P.P.NAOLEKAR

body1997
JUDGMENT 1. - On 3.02.1995, petitioner Shanti Lal was declared elected Sarpanch of Gram Panchayat, Hindoli by margin of one vote. Radhey Shyam (respondent No. 2) filed election petition alleging inter alia that 12 votes were wrongly rejected and 2 votes were wrongly counted in favour of the winning candidate. After the evidence being recorded the respondent No. 2 moved an application on 11.01.1996 for re-counting of the votes. Rejecting the prayer for re-count of the votes cast in the election, the election-Tribunal has directed only that impugned 14 votes shall be perused by the Tribunal. This order passed by the election-Tribunal is challenged by the petitioner. 2. The Tribunal has found necessity of examination of 14 votes on the basis of the statement of Radhey Shyam in view of the fact that difference in margin of votes was only of 1 vote. In I. Vikheshe Sema v. Hokishe Sema, 1996(4) SCC 53 the Apex Court has pointed out that the course adopted in the case of Bashir Ahamed v. Ghulam Quadir is required to be followed wherein order was passed whereby the Registrar of the Court was deputed to inspect the votes which were in question and submit the report to the Court. In the case in hand, the Tribunal has adopted similar course of examination of votes in question and, therefore, the order impugned is in accordance with law.The writ petition is dismissed.Petition dismissed. *******