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Madhya Pradesh High Court · body

2022 DIGILAW 927 (MP)

Ramraj Patel v. State Election Commission

2022-07-13

S.A.DHARMADHIKARI

body2022
ORDER 1. In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondents authorities for recounting of votes of polling booths No.25 and 26 in respect of election held on 25.6.2022 for the post of Sarpanch of Gram Panchayat Chhatragarh Kala, Janpad Panchayat, Naigarhi, District Rewa. 2. Learned counsel for the petitioner submitted that the polling took place on 25.6.2022. The petitioner submitted representation before the respondent No.3 for recounting of votes in accordance with Rule 77(2) r/w Rule 80(1) of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995, (hereinafter referred to as 'the Rules of 1995') on 25.6.2022 but the same was not considered. Having no other option left, he approached the Collector on 27.6.2022 vide Annexure P-4 and the representation was duly received by the office of Collector, which contains the seal of the Collector. Acting upon the representation filed by the petitioner, the Collector Rewa vide order dated 27.6.2022 (Annexure P-5) directed the Returning Officer to take a decision on the application of petitioner. 3. Learned counsel for the petitioner also submitted that in identical petition bearing W.P.No.15343/2022 and W.P.No.14894/2022 seeking similar relief, this Court has allowed the petition directing the respondents to recount the votes before declaration of results. 4. Learned counsel for the petitioner further submitted that in spite of directions given by the Collector, no action has been taken on the application, therefore, in the light of aforesaid, the Returning Officer may be directed to take decision on the application of petitioner and in view of the directions issued on 27.6.2022. 5. Learned counsel Shri Seth fairly stated that the decision is likely to be taken by the Returning Officer and in case no decision has been taken, the same be taken immediately in view of order dated 27.06.2022 (Annexure P-5). 6. In the facts and circumstances of the case, the Returning Officer is directed to take a decision on the application dated 27.6.2022 (Annexure P-4) forthwith in the light of order dated 27.6.2022, annexure P/5, on submission of the certified copy of the order passed today by the petitioner before the Returning Officer and take a decision thereon and communicate the same to the petitioner. 7. It is made clear that this Court has not expressed any opinion on the merits of the case. With the aforesaid directions, this petition stands disposed of.