Surepalli Penchalaiah vs The State Of Ap
2021 Latest Caselaw 1216 AP

  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.

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

THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU

Writ Petition No.4997 of 2021

Dated : 01.03.2021

VSL