- (1.) BY means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ, order or direction in the nature of certiorari calling for the record from the Court of the Up Ziladhikari, Mathura, respondent No. 1 and quash the order dated 17th April 2004 passed by the respondent No. 1, filed as Annexure 10 to the writ petition and other consequential reliefs. By means of the order dated 17th April 2004, the respondent No. 1 has allowed the application dated 27th December 2002 filed by Ram Saran, respondent No. 3, for recounting of the votes and had directed for recounting.
(2.) BRIEFLY stated, the facts giving rise to the present writ petition are as follows : - Election for the post of the Pradhan of Gram Panchayat Badhal Incha, district Mathura was held in the month of June 2000, in which the petitioner was declared elected by a margin of 29 votes. The defeated candidate, respondent No. 3, challenged his election by means of Election Petition No. 1/1999 -2000. In the election petition, the respondent No. 3 had averred that irregularities had been committed in the counting of the votes. He gave specific number of ballot papers. Paragraphs 10 and 11 of the election petition is reproduced below :- "10. Yeh Ki Bipakshi Sa. 1 Ke Lagbhag 40 Matpatra Aise The Jo Awaidh Wa Nirast Hone Chahiye The Parantu In Awaidh Matpatro Ki Aapatti Ke Babjood Bipakshi Ke Vaidh Mato Me Gin Diya Gaya Bar Bar Aapatti Karne Wa Agrah Karne Per Bhi Aise Sabhi Matpatro Ke Number Note Nahi Karne Diye Kuchh Numbero Ko Yachi Jo Note Kar Paya Hai Unki Sankhya 4642060, 4641988, 4642134, 4662200, 4641843, 4841848, 4642138, 4641998, Hai Nirast Hone Chahiye. 11. Yeh Ki Garna Ke Dauran Yachi Ke lagbhag 20 Matpatra Aise the Jo Vaidh Hai Tatha Spashta Roop Se Yachi Ke Chunav Chinha Kar Ke Khane Me Muhar Lagi Hui Hai Parantu In Mato Ko Jabardasti Bahar Nikal Dene Ki Dhamki Dekar Nirast kar Diya Tatha Inke Number Note Karane Ki Bhi Ansuni Ki Inme Se Kuchh Matpatro Ke Numberan Jo Yachi Note Kar Saka Hai - 4642002, 4641987, 4641992, 4642253, 4642054, 4641841, 4642059, 4642202, 4642199, 46442132, 4641920, 4641912 Me Sabhi Mat Wa Anya Lagbhag 8 Mat Vaidh Hai Jo Yachi Ke Paksha Me Gine Jane Chahiye The." The petitioner filed his written statement refuting the allegations. The allegations regarding irregularity in counting was also denied.
(3.) THE respondent No. 3 filed an application on 27th December 2002 seeking a direction for recounting of the votes. Evidence was led. The respondent No. 3 and one Sri Roshan Lal gave evidence on behalf of the election petitioner whereas the petitioner himself appeared in the witness box. The respondent No. 1 after taking into consideration the averments made in the election petition and the statement/evidence given by the respective parties, by the impugned order had directed for recounting of the ballot papers which order is under challenge in the present writ petition.;