GYANENDRA ALIA CHOTU Vs. ANOOP CHAND

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dated 22-11 -2007 passed by the Election Tribunal / Sub-Divisional Officer, Kherlanji in an election petition filed by the respondent No. 1 against the election of the petition as Sarpanch of Gram Panchayat,Amai. Tahsil Kherlanji, District Balaghat.

(2.) The brief facts leading to filing of the petition are that the petition, the respondent No.l and other candidates participated in the elections held for the post of Sarpanch, Gram Panchayat, Amai, Tahsil Kherlanji, District Balaghat held on 23-1-2005 and the petitioner was declared elected having secured 433 votes as against the respondent No.1 who secured 430 votes. Being aggrieved by the election of the petitioner, the respondent No.1 filed an election petition before the Election Tribunal / Sub-Divisional Officer, Kherlanji under Section 122 of the M.P. Gram Panchayat Raj Avam Gram Swaraj Adhiniyam,1993 read with the provisions of the M.P. Panchayat(Election Petition Corrupt Practices and Disqualification for Membership) Rules, 1995. The Sub-Divisional Officer by the impugned order dated 22-11-2007 has ordered recount by allowing the petition being aggrieved by which the petitioner has filed the present petition.

(3.) It is submitted by the learned counsel for the petitioner that the impugned order has been passed by the Election Tribunal without taking into consideration the requirements of the provisions of law and in the absence of proper pleadings in the election petition. It is submitted by the learned counsel for the petitioner that the finding recorded by the SDO is also not based on proper appreciation of facts and application of mind to the evidence on record inasmuch as the Election Tribunal has recorded a finding contrary to the evidence on record.