- (1.)PETITIONER has filed this petition being aggrieved by a order dated 23rd March 2006 passed by the Sub Divisional Officer, Sheopur, competent authority under Section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. By the aforesaid order, election of the petitioner to the post of Sarpanch, Gram Panchayat, Zaida, thesil Sheopur has been quashed and directions have been given for taking further action in the matter.
(2.)FACTS in brief are that elections to the office of Sarpanch of the Gram Panchayat, Zaida tehsil Sheopur took place on 16th January 2005. Counting of votes was held on 28th January 2005 and after counting petitioner and the respondent No. 1, Smt. Bharosi Bai received equal number of votes, i. e. , 244 (two hundred and forty four) votes each. Two applications were filed on behalf of the petitioner and the respondent No. 1 before the Returning Officer, On behalf of the petitioner, application was filed vide Annexure P/2 for counting of certain votes in booth. , No. 170 and on behalf of the respondent No. 1, application Annexure P/3 was filed for recounting of votes in booth Nos. 168, 169, 170 and 171 and also for opening of one tendered vote kept in a sealed cover. On the same date, the Returning Officer passed an order rejecting the application filed by the respondent No. 1, but allowed the application for recounting filed by the petitioner. It is the case of the petitioner that on recounting of votes he has secured two more votes and was declared elected by two votes.
(3.)AFTER declaration of the result, respondent No. 1 filed an application under Section 122 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Various issues were framed and on the basis of the material that came on record, election tribunal held that the direction given for recounting of votes is illegal, the same was therefore, quashed and after quashing of the direction for recounting, it was held that as both the petitioner and the respondent No. 1 have received equal number of votes, the tendered vote be opened and the result of the election be declared. It was also held that in case the tendered vote cannot yield any result then the procedure contemplated under Rule 82 of the Madhya Pradesh Panchayut Nirvachan Niyam 1995, be followed for declaration of the result.