THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
Writ Petition Nos.4997 of 2021
Order:
Heard learned counsel for the petitioner,
Mr.N.Ashwani Kumar, Assistant Government Pleader for
Panchayat Raj appearing for respondent No.1, Sri
N.Ashwani Kumar, learned standing counsel for respondent No.2, Assistant Government Pleader for Revenue for respondent Nos.3 and 4 and Sri V.Vinod K Reddy, learned standing counsel for respondent No.5.
The issue raised in this writ petition is about the alleged improper counting of votes, during the course of the election.
The learned counsel for the petitioner argues that the votes were not counted properly and that there is collusion between the officers. According to him, the cameras were also stopped and again recounting was also conducted. The grounds in which the prayer is sought is spelled out in the affidavit. Therefore, he seeks for an order.
All the learned counsels for the respondents uniformly raise an objection that the writ petition is not a proper remedy and that only an election petition can be filed to decide the disputed questions of fact that are raised in this matter.
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They also urge that recounting of votes can only be given under certain specified situations as mentioned by the various judgments of the Hon'ble Supreme Court of India and that this is a matter of clear pleadings and evidence. Therefore, they argue that the writ petition is not maintainable.
After considering the submissions made, this Court is of the opinion that the learned counsels for respondents have made out a proper point and that seeking of recounting is not a matter of right. Even during the course of trial of an Election Petition, recounting is not a normal order that is passed except where the Tribunal is satisfied on the basis of pleadings and evidence of the need for the same. This is a purely a disputed question of fact which in the opinion of this Court cannot be decided in the writ petition.
Hence, the writ petition is dismissed at the stage of admission, leaving it open to the petitioner to pursue his legal remedies. There shall be no order as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_________________________ D.V.S.S.SOMAYAJULU,J Date : 01.03.2021 VSL 3 THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU Writ Petition No.4997 of 2021 Dated : 01.03.2021 VSL