Vineet Saran, J. - (1.) CONSIDERING the urgency in the matter as the recounting of votes has been ordered to be conducted today, which is by the impugned order dated 23.3.2009 passed by the respondent No. 1, the Sub- Divisional Magistrate, this case has been taken up on board today in the presence of the learned counsel for the parties.
(2.) HEARD learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents No. 1, 6 and 7 and Sri Vishal Tandon for the contesting respondent No. 2, Smt. Sobha Devi. With consent of learned counsel for the parties, this writ petition is being disposed of finally at this stage without calling for a counter affidavit. The brief facts of the present case are that in an election of Gram Pradhan held in the year 2005, the petitioner was declared elected as Gram Pradhan. Challenging the said election, the respondent No. 2, Smt. Sobha Devi filed an election petition bearing Election Petition No. 3 of 2005 with the prayer of recounting of votes. By means of the impugned order dated 23.3.2009 passed by the respondent No. 1, the Sub-Divisional Magistrate, the prayer of recounting of votes has been granted. Challenging the said order, this writ petition has been filed. The submission of learned counsel for the petitioner is that the impugned order has been passed without deciding the issues involved in the case and without assigning any reasons for directing recounting of votes.
(3.) FROM perusal of the record, it is clear that the ten issues have been framed and the same have been decided in one paragraph in the end without considering the evidence adduced by the parties and without deciding each issue individually.-All that has been stated in the impugned order is that all the issues are decided accordingly. If the issues are framed in a case, then the same should be decided either individually or two or more may be grouped, if they are inter related. In the present case, all the ten issues have been decided merely in one stroke without discussing the evidence of the parties. The same appears to be totally unjustified. An election petition is to be decided strictly in terms of the rules and even though there may be difference of one vote and the order of recounting has been passed only on the basis of evidence adduced and by a reasoned order, when a case of irregularity in recounting of votes has been made out.;