Kilagya Solanki vs Department Of Panchayat
2022 Latest Caselaw 9546 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. 16085 of 2022

                                                    Between:-
                                                    KILAGYA SOLANKI S/O SHRI TARSINGH JI
                                                    SOLANKI    , AGED ABOUT 42 YEARS,
                                                    OCCUPATION: AGRICULTURE UPARI FALYA
                                                    SINDHI PO GANDHWAL (MADHYA PRADESH)

                                                                                                             .....PETITIONER
                                                    (BY MS. PRITHA GHOSHAL, LEARNED COUNSEL)

                                                    AND

                                            1.      DEPARTMENT OF PANCHAYAT THROUGH
                                                    PRINCIPAL SECRETARY VALLABH BHAWAN
                                                    BHOPAL (MADHYA PRADESH)

                                            2.      STATE ELECTION COMMISSION THROUGH
                                                    CHIEF ELECTION OFFICE NIRVACHA BHAWAN,
                                                    58 ARERA HILLS (MADHYA PRADESH)

                                            3.      COLLECTOR   AND    DISTRICT  ELECTION
                                                    OFFICER BARWANI (MADHYA PRADESH)

                                            4.      RETURING OFFICER PANCHAYAT ELECTION
                                                    JANPAD PAATI (MADHYA PRADESH)

                                                                                                          .....RESPONDENTS
                                                    (SHRI KAMAL NAYAN AIREN, LEARNED COUNSEL FOR THE
                                                    RESPONDENTS NO.1-3)

                                                  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, Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI the petitioner has prayed a direction for recounting of votes of Gram Pancyat - Date: 2022.07.14 10:38:43 IST

Sindhi, Dist. Barwani.

It is submitted that the petitioner was a candidate for the post of Sarpanch of Gram Panchayat - Sindhi (Barwani).

Counsel for the respondent raises a preliminary objection regarding maintainability of the petition on the ground that after Notification of the election, the writ petition is not maintainable. The only remedy lies for the petitioner to file election petition in accordance with the provisions of Section 122 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and the rules made therein. It is further submitted that the petitioner had applied for recounting on 09.07.2022 and not on the date of the counting i.e. 08.07.2022. The said application has been dismissed by order dated 12.07.2022

in terms of the provisions of the Rule 77 and Rule 80(4)(5) of the Madhya Pradesh Panchayat Election Rules 1995 and Clause 21.22 & 21.23 of R.O. Handbook.

After hearing learned counsel for the parties, I find that the application filed by the petitioner for recounting has been decided by the respondent. Thus, the grievance raised in the petition has been redressed. There is no challenge to the order of rejection of application for recounting in the writ petition. Further disputed question of facts are involved in the present case viz. there is not receiving of the application for recounting submitted by the petitioner before the Presiding Officer which are to be adjudicated by recording of the evidence which can only be done in the election petition. The writ petition is not maintainable. The results are to be declared on 14.07.2022. A coordinate Bench at Jabalpur in the case of Smt. Savitribai vs. State Election Commission (W.P.

Signature Not VerifiedDigitally signed by SAN No.14728/2022) has dismissed the petition for recount of votes after taking into SOUMYA RANJAN DALAI Date: 2022.07.14 10:38:43 IST 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 petitioner has an efficacious remedy of filing election petition in accordance with the law.

Accordingly, no case is made out for entertaining this petition. The petition fails and is hereby dismissed.

(VIJAY KUMAR SHUKLA) JUDGE soumya

Signature Not Verified VerifiedDigitally Digitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.07.14 10:38:43 IST