RAMRAJ PATEL Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India, the petitioner is seeking a direction to the respondents authorities for recounting of votes of polling booth no.25 and 26 in respect of election held on 25/6/2022 for the post of Sarpanch of Gram Panchayat Chhatragarh Kala, Janpad Panchayat, Naigarhi, District Rewa.

(2.) Learned counsel for the petitioner submitted that the polling took place on 25/6/2022. The petitioner submitted representation before the respondent no.3 for recounting of votes in accordance with Rule 77(2) r/w Rule 80(1) of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995, (hereinafter referred to as 'the Rules of 1995') on 25/6/2022 but the same was not considered. Having no other option left, he approached the Collector on 27/6/2022 vide Annexure P-4 and the representation was duly received by the office of Collector, which contains the seal of the Collector. Acting upon the representation filed by the petitioner, the Collector Rewa vide order dtd. 27/6/2022 (Annexure P-5) directed the Returning Officer to take a decision on the application of petitioner.

(3.) Learned counsel for the petitioner also submitted that in identical petition bearing W.P.No.15343/2022 and W.P.No.14894/2022 seeking similar relief, this Court has allowed the petition directing the respondents to recount the votes before declaration of results.