APARESH KUMAR SINGH,J. - (1.) Heard counsel for the petitioner and the State.
(2.) Petitioner has made a prayer for recounting of votes of Panchayat Samittee Election of Regional Election Area No. VII/Giridih/7/Sariya-21 Purnidih under Bagodar Sariya Sub Division of Giridih District, results of which have been announced on 22.12.2015 itself. Petitioner is said to have got 375 votes whereas the elected candidate i.e. Respondent No. 4 has got 379 votes.
(3.) Respondent State in their counter affidavit have stated that elections were held in the presence of employees, observer and senior officer deployed by the District Election Officer, Giridih; counting of votes in each of counting hall were undertaken under the supervision of Block Development Officer and Assistant Returning Officer; any doubt of contesting candidates/counting agents were solved on the table; however, if there was any objection, it was disposed of by the Head/Assistant Returning Officer; no objection were raised at this level. The counting supervisor deployed on the table enters the valid votes of contesting candidate-wise minutely after comparing in Form-19 in presence of the counting agents/candidates. The Assistant Returning Officer compared the counting of valid votes and took the decision on the cancelled votes and entries were made in Form-20. They were read out to the counting agents/election agents and contesting candidates. It is further stated that after preparing Form-20, it was again compared and thereafter Form-21 was prepared and sent to the Returning Officer cum Sub Divisional Officer; the Returning Officer announced the results of the winning candidate through the loud speaker after preparing the Tabulation Draft and making necessary plus/minus and comparing it after getting 'No Objection Certificate' in Form-20 from the Observer. It is categorically stated that if No Objection was received, thereafter certificate was handed over to the elected candidate duly signed. At para-16 of the counter affidavit, it is also clearly stated that the petitioner did not get his objection registered at any level, neither on the table nor in the hall before the Assistant Returning Officer/Returning Officer/Senior Officers or before the Observer; after handing over the certificate to the winning candidate, as per the instruction, all ballot papers and other papers were sealed and kept into safe custody of District Returning Officer. Counsel for the State submits that after declaration of results, the Returning Officer has no right left to recount the votes. It is only on the order of the competent Court, that the sealed ballot papers can be opened and recounted. Counsel for the Respondent State further submits that as per section 151 of Jharkhand Panchayat Election Rules, 2001, the question on the election conducted under the Act can only be raised by filing an election petition in the prescribed format before the competent authority within 30 days of declaration of election results. It is submitted that in such circumstances when the election results have been published, prayer of the petitioner for recounting of votes cannot be gone into except in exercise of power conferred under the Act.;