MUBARAK MASTER Vs. HANSRAJ

JUDGEMENT

(1.) THIS is a revision under Section 26 of the M. P. Municipalities Act, 1961 (hereinafter referred to as "the Act" for convenience) against the order dated 10-5-2001, passed by Second ADJ, Shahdol in Election Case No. 3/2000.

(2.) APPLICANT Mubarak Master, non-applicant Hansraj and others were contestants in the election for President of Nagar Palika Parishad, Dhanpuri. Applicant Mubarak Master has been declared successful by a margin of 58 votes against the non-applicant Hansraj. Non-applicant Hansraj filed petition under Section 20 of the Act before the Additional District Judge, Shahdol seeking relief of recounting of votes and to quash the election of the returned candidate applicant Mubarak Master with further prayer to declare himself as elected for the post of President. The petition was presented on 27-1-2000 and after the evidence of non-applicant was closed, the application under Section 151, CPC was filed for recounting of votes. Vide impugned order dated 10-5-2001, the application was allowed with a direction to the Returning Officer, Collector, Shahdol to conduct recounting of votes and submit result in scaled cover.

(3.) WITH reference to judgments Ramrali v. Saroj Devi and Ors. , reported in (1997) 6 SCC 66, Shri Satya Narayan Dudhani v. Uday Kumar Singh and Ors. , AIR 1963 SC 367, it has been contended that tinkering of secrecy of ballot papers must have not been permitted lightly. Recounting should be ordered in rare cases and that too on giving satisfactory ground. Per contra, the contention is that there was a manipulation of 160 votes in the counting, therefore, with reference to decision Baladevi Dixit v. Saroj Devi, 1997 (2) MPLJ-Note 12, recounting has rightly been ordered by the Tribunal.