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Yashvir Singh v. Prescribed Authority/S.D.M. & Ors. - WRIT - C No. - 41353 of 2007 [2007] RD-AH 14982 (3 September 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Ashok Bhushan, J.

Sri Manoj Kumar Pandey and Sri Anil Sharma appears for respondent no. 3.

Issue notice to respondents No. 4,5 and 6.

Learned counsel for the petitioner contends that the order of recount passed by the Prescribed Authority is erroneous since the ground that 13 votes were found less in the ballot box, was not sufficient for directing recount. Moreso, the difference of 13 votes was no material for the result of election. He further contends that earlier the Prescribed Authority has dismissed the election petition and one of the issue decided was that the election petition was not properly verified. He submits that without deciding the question as to whether the election petition was properly verified or not, no order could have been passed. Sri Anil Sharma refuting the submission contended that the issue as to whether the election petition was properly verified or not, has not been raised before the Prescribed Authority when the impugned order has been passed. Further is the order of revisional court dated 14.5.2007 by which the order of the Prescribed Authority was set aside, this issue was not raised.

I have considered the submissions and perused the record.

From the order impugned it does not appear that the issue of election petition not being properly verified, has been raised or adverted. The challenge was with regard to order of recount. The Prescribed Authority has also referred to order of the revisional court dated 14.5.2007 by which the revisional court has remanded the matter after setting aside the order of Election Tribunal for passing an order of recount in view of the observations made in the order. Against the revisional court's order writ petition ( Writ Petition No. 26345 of 2007) filed by the petitioner was dismissed on 4.6.2007 . There is no dispute between the parties that 2557 ballot papers were issued whereas in the ballot box only 2544 ballot papers were found. The Prescribed Authority relying on these facts and also the order of the revisional court prima facie has not committed any error in directing for recount.

Let recount take place in pursuance of the order dated 10.8.2007, however, the result of recount shall not be declared till further order of this Court. The result of recount be brought on record. Let a counter affidavit be field by the respondents by the date fixed in which the result of recount be annexed.

List on 24th of September, 2007.





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