REDDLCHERLA BALAJI RAJU Vs. ELECTION OFFICER

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for issuance of a Writ of Mandamus declaring the petitioner to have been duly elected as Sarpanch of Reddicherla Gram Panchayat, Komarole Mandal, Prakasam District in the elections held on 17-8-2001.

(2.) Before adverting to the question as to whether any such relief could be granted by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, it maybe necessary to briefly notice the relevant facts: The election for electing the members end Sarpanach of Reddicherla Gram Panchayat was held on 17-8-2001. The petitioner as well as respondents 4 and 5 contested the election to the office of the Sarpanch of Gram Panchayat.

(3.) It is alleged that while counting the votes, the counting staff committed various frregularities. Several votes polled in favour of the petitioner were counted in favour of the 4th respondent. 55 votes were kept aside as doubtful votes. Before scrutiny of 55 doubtful votes and before the completion of counting process, respondents 4 and 5 and their chief counting agents pressurised the first respondent and "extracted the declaration in Form No.19" as if the 4th respondent was elected. It is alleged that the first respondent left the counting hall by so declaring even before all the votes were counted. It is at that stage, the petitioner filed a petition for recounting of all the votes including the doubtful votes and the votes that were already counted. The declaration so made by the first respondent- Election Officer was put in issue.