SMT. ANITA Vs. SAKHI

JUDGEMENT

(1.) This Writ Petition under Article 226 and 227 of the Constitution of India has been filed taking exception to the order passed by the Prescribed Authority for deciding the election dispute under Section 122 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (herein referred to as "Adhiniyam 1993").This case has some what chequered history. The petitioner and respondent No.1 were amongst the candidates contested for the post of Sarpanch in the election held on 22.2.2015 for Gram Panchayat Devarigarhi, District Panna.

(2.) Petitioner was declared returned candidate having polled 156 votes. Respondent No.1 had polled 154 votes. As such there was margin of only two votes. Respondent No.1 has filed election petition with the allegations of irregularities in the counting process and despite objections, no orders were passed on his applications for recounting. On 20.05.2016 the recounting was ordered by Election Tribunal and the recounting took place on 24.05.2016, returned candidate was found to have polled 141 votes and respondent No.1 polled 154 votes, as several votes polled in favour of the petitioner were found to be invalid votes.

(3.) Petitioner challenged the said order in this Court filing W.P.No.9323/2016. The Writ Court allowed the writ petition, quashed the order of recount and all consequential orders passed thereafter. The respondent no.1 challenged the said order before the Division Bench in Writ Appeal No.389/2016. The writ Appellate Court though did not set aside the order passed by the writ court, but modified the same with direction to the Tribunal to frame issues and thereafter upon evidence so led decide the dispute of recounting in accordance with law. Accordingly, issues were framed and parties were allowed to lead evidence.