Suresh Meena vs The State Of Madhya Pradesh
2022 Latest Caselaw 9545 MP

                                                                               1
                                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                                       AT INDORE
                                                                            BEFORE
                                                           HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                                       ON THE 13th OF JULY, 2022

                                                               WRIT PETITION No. 15983 of 2022

                                                    Between:-
                                                    SURESH MEENA S/O SHRI BHUVANSINGH
                                                    MEENA , AGED ABOUT 39 YEARS, OCCUPATION:
                                                    AGRICULTURE R/O GRAM BHICHOLI TEHSIL
                                                    MHOW DISTRICT INDORE (MADHYA PRADESH)

                                                                                                             .....PETITIONER
                                                    (BY SHRI VIJENDRA GEHLOT AND SHRI VIKAS BHARDWAJ-
                                                    ADVOCATES)

                                                    AND

                                            1.      THE STATE OF MADHYA PRADESH NIRVACHAN
                                                    ADHIKARI MOTI TABELA (MADHYA PRADESH)

                                            2.      THE STATE OF MADHYA PRADESH PITHASIN
                                                    ADHIKARI RETURING OFFICER PANCHYAT
                                                    DWARA PRADIKRAT ADHIKARI ADDRESS
                                                    UPKHAND MHOW, TEHSIL DR. AMBEDKAR
                                                    NAGAR MHOW (MADHYA PRADESH)

                                                                                                          .....RESPONDENTS
                                                    (BY SHRI KAMAL NAYAN AIREN-ADVOCATE)

                                                  T h is petition coming on for orders this day, t h e cou rt passed the

                                            following:
                                                                                ORDER

In the instant petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a direction for recounting of votes. It is submitted that petitioner was a candidate for the post of Panch of ward No.1, Gram Bhicholi, Tahsil Mhow, Indore. It is submitted that in the ballot box there were Signature Not VerifiedDigitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.07.14 votes higher than the voters. The voting has taken place on 26.06.2022. 10:58:47 IST

Upon perusal of the petition, it is evident that petitioner made an

application for recounting of votes on 30.06.2022. There is no material to indicate that petitioner had applied for recounting of votes on 25.06.2022.

Counsel for the respondents raises a preliminary objection regarding maintainability of the petition on the ground that disputed question of facts are involved in the present case which cannot be adjudicated in the present petition under Article 226 of the Constitution of India. The only remedy lies to the petitioner is to file an Election Petition under section 122 of M.P.Panchayat Raj and Gram Swaraj Adhiniyam, 1993 and rules made thereunder and in view of the fact that petitioner did not make any application immediately after voting on 25.6.2022, no relief for recounting of votes can be granted to the petitioner.

A coordinate Bench at Jabalpur in the case of Smt. Savitribai vs. State Election Commission (W.P. No.14728/2022) has dismissed the petition for recount of votes after taking into consideration the various judgments passed by the apex Court in the case of R. Narayanan vs. S. Semmalai and others - (1980) 2 SCC 537, Vadivelu v. Sundaram and others - (2000) 8 SCC 355 and Bhabhi vs. Sheo Govind and others - (1976) 1 SCC 687.

After considering the aforesaid judgments, the coordinate Bench held that the recounting of ballot papers can be considered only if it is accompanied by genuine cause supported by valid reasons. Recounting of votes cannot be directed just at the sweet will of the candidate. The secrecy of a vote is to be maintained and unless and until, a genuine cause supported by valid reasons is made out, recounting of votes cannot be directed. The disputed question of facts are involved which cannot be adjudicated in the writ petition. The

Signature Not VerifiedDigitally signed by petitioner has an efficacious remedy of filing election petition in accordance SAN MUKTA CHANDRASHEKHA

with the law.

R KOUSHAL Date: 2022.07.14 10:58:47 IST

Accordingly, no case is made out for entertaining this petition. The

petition fails and is hereby dismissed.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified VerifiedDigitally Digitally signed by SAN MUKTA CHANDRASHEKHA R KOUSHAL Date: 2022.07.14 10:58:47 IST