SAINATH SINGH Vs. BHAGWAT PRASAD

JUDGEMENT

(1.) The petitioner had filed a petition before the Sub-Divisional Officer, Ambikapur on the ground that in booth No. 59 of Gram Panchayat, Kunwarpur wrong counting has been made. Prayer clause of the said petition is also to the effect for recounting of votes of booth No. 59. Another prayer was that the election, whereby the respondent No. 1 has been declared elected, be declared void. The Sub-Divisional Officer by the impugned order dated 8-8-2000 has allowed the petition to the extent that the recounting of votes of booth No. 59 be made. Even on the recounting of votes, the petitioner could not succeed.

(2.) This petition has been filed by the petitioner on the ground that recounting in other booth Nos. 58 and 60 of Gram Panchayat, Kunwarpur be made.

(3.) Learned Counsel for the respondent No. 1 submits that this was not the prayer before the Sub-Divisional Officer. Even no such averment was made in the said petition. Rule 5 of the Madhya Pradesh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 provides the contents of the petition, which reads as under :--