RAVAL NATHABHAI VAGHABHAI Vs. DESAI KARMANBHAI HARIBHAI

JUDGEMENT

(1.) BOTH these petitions are taken up for hearing together as they arise out of common proceedings before the Subordinate Court in Election Petition No. 2 of 2007.

(2.) ON 19. 3. 2007, a Notification for election of Village Panchayats (Rural) of Sami Taluka was published. Pursuant to the said Notification, election took place on 8. 4. 2007. The election was contested by the petitioner and respondent no. 3. After the counting on 10. 4. 2007, the petitioner was declared as winner having secured 36 votes more than respondent no. 3. On 3. 5. 2007, Election Petition No. 2 of 2007 came to be preferred by respondent no. 3 in the Court of Principal Civil Judge, Harij. The petitioner, respondent defendant in the said Election Petition, filed written statement. On 27. 7. 2007, respondent no. 3 moved an application being Application Ex. 20. In the said application, respondent no. 3 had prayed to call for the ballot box and direct re-counting of votes. Respondent no. 3 had further stated that the respondent no. 3 was ready and willing to bear the expenses of calling for the ballot box and re-counting. On 18. 8. 2007, the trial court made an order, whereby, application ex. 20 is stated to have been allowed; respondent no. 3 has been directed to deposit a sum of Rs. 2500/- within a period of 7 days from the date of the order; and upon the aforesaid amount being deposited, the Registrar, Civil Court, Harji has been directed to call for the ballot box.

(3.) THEREFORE, the petitioner moved an application on the same day seeking stay of the order dated 18. 8. 2007 made on application ex. 20. It is recorded in paragraph No. 3 of the order that the only order that has been made is to call for the ballot box, re-counting is not to be undertaken at present. But, as the application moved by respondent no. 3 has not been finally decided, it is not necessary to accept the application moved by the petitioner to stay the first order dated 18. 8. 2007.