- (1.) THE petitioner has invoked extra ordinary writ jurisdiction under Article 226 of the Constitution of India for assailing the judgment and order dated 30.8.2008 passed by the Additional District Judge in election petition No. 6 of 2006, Ajit Kumar Jaiswal v. Virendra and others deciding issue No. 2 as a preliminary issue whereby directions have been issued for recounting of votes for election to the post of President, Nagar Palika Parishad, Gaura Barhaj, Deora.
(2.) THE elections for the post of President, Nagar Palika Parishad were held on 31.10.2006. In the said elections apart from other candidates petitioner Virendra and Ajit Kumar Jaiswal were the main rivals. Petitioner secured a total 6422 votes whereas the rival Ajit Kumar Jaiswal secured 6234 votes and as such the petitioner was declared elected by a margin of 188 votes by the Returning Officer. THE election of the petitioner was challenged by the respondent No. 3 Ajit Kumar Jaiswal under Section 20 of the Municipalities Act by means of an election petition inter alia on one of the grounds that there was an irregularity in the counting of the votes. The election petition was got amended by moving an amendment application which was allowed. The order allowing the amendment was challenged by the petitioner in a writ petition which was ultimately dismissed. Thus, the amendment became final. The petitioner in the election petition had moved an application for taking on record a compact disc (CD) of the videography showing incidents which took place at the place of counting immediately after the counting was over and the result was declared but before the Returning Officer had left the place. The compact disc was directed to be taken on record vide order dated 30.10.2007 but it was said that its admissibility in evidence would be considered later on.
(3.) IT is said that an official videography was also conducted of the counting of the votes which was not brought on record. Therefore, an application was moved to summon the CD of the official videography also but the said application was rejected by the Court on 25.3.2008. Eventually, the Court of first instance vide judgment and order dated 14.5.2008 allowed the election petition, declared the election of the petitioner to be invalid and ordered for recounting of the votes. The said judgment and order was challenged by the petitioner by filing writ petition No. 25082 of 2008. The writ petition after contest was allowed by this Court on 22.5.2008 and the matter was remanded.;