SUNIL AMBWANI, J. - (1.) HEARD Sri T. P. Singh, learned counsel for petitioner and Sri Shashi Nandan, as well as learned standing counsel for respondents.
(2.) BY the impugned order dated 4th July, 2002, the Prescribed Authority/Sub -Divisional Magistrate, Moth, Jhansi, had allowed an application for recounting ballot papers in Election Petition No. 1 of 1999 -2000 under Section 12C of U. P. Panchayat Raj Act, 1947. The facts, in brief, are as follows : 'Election of Pradhan, Gram Panchayat, Poonchh Block and Tehsil Moth, District Jhansi was held for which nominations were received between 30.5.2000 and 3.6.2000. Ballots were cast on 14.6.2000. In the counting, petitioner was found to have secured 1,319 votes and was declared elected as against 1,297 votes cast in favour of Bhuwan Singh respondent No. 4. An election petition was filed by respondent No. 4 alleging corrupt practice against petitioner. It was stated that there were 4687 voter for which seven polling booths were established. In all 3434 votes were polled. The counting was held in the midnight of 25.6.2000 instead of fixed time at 6.00 a.m. Instead of preparing bundles of 50 votes each, bundles of 40 votes each were prepared in case of Lakhan Singh. which were treated to have 50 votes each, in addition the votes cast in favour of Siromani Singh with election symbol 'BELL', were bundled in favour of respondent No. 4 Bhuwan Singh, Serious irregularities in respect of counting were made for counting of votes at table Nos. 7 and 8 inrespect of polling booths 20, 21, 22 and 23. After counting, the Election Officer found respondent No. 4 Bhuwan Singh to be wining candidate but petitioner was wrongly declared to be elected with a lead of 42 votes for which written complaint was made to the Election Officer and the Observer. In Form 4K, 27 votes shown to be invalid. The total number of votes polled, were shown 3,645 whereas 3,657 were polled and in case invalid votes were counted, the total number of votes counted were 3,684 whereas 3,672 votes were shown to have polled.
(3.) AFTER taking evidence and summoning the record, pertaining to the election, Prescribed Authority/ Sub -Divisional Magistrate found that total number of votes of all the five candidates were only 3657 and taking into account the invalid votes, the total number of votes was 3,684. It was found that Schedule 4K, giving final account of votes, was not prepared in accordance with Form 4K under Rules 104 and 107. The total number of invalid votes were 187 whereas in Schedule 4K they were shown only 27 and thus there was difference of 160 votes. Accordingly, he found that the only method to resolve the dispute is to recount the votes and that by impugned order dated 4th July, 2002, Prescribed Authority/Sub -Divisional Magistrate, Moth, Jhansi, respondent No. 1, directed for recounting.;