HARI SINGH Vs. ANWAR KHAN

JUDGEMENT

(1.) HEARD .

(2.) LEARNED counsel for the respondent No. 1 prays that this petition be disposed of finally as the proceedings in the election - petition have been stayed. An election -petition was filed challenging the election of Sarpanch of Gram Panchayat Kaunsi, Tehsil Kurwai, District Vidisha. The competent Authority while hearing the petition has directed that the petition can be disposed of by ordering re - count and has directed for re -count of ballot -papers. The procedure adopted by the Prescribed Authority is contrary to law. It is the duty of the Authority to maintain the secrecy of the ballot -papers.

(3.) THE order for re -count cannot be passed on mere asking. Issues should be framed, evidence should be recorded and the question should be decided on going through such evidence. Secrecy of votes is required to be maintained. Rule 23 of the rules provides that on conclusion of the enquiry, the specified officer shall make the final order on the petition.