Anshu Bai Choudhary vs District Returning Officer ...
2022 Latest Caselaw 9549 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. 15911 of 2022

                                                    Between:-
                                                    ANSHU BAI CHOUDHARY W/O SHRI GOPAL
                                                    SINGH , AGED ABOUT 44 YEARS, OCCUPATION:
                                                    SOCIAL     SERVICE   GRAM     MANGROLA
                                                    CHINTAMAN JAWASIA GHATIYA, TEHSIL &
                                                    DIST. UJJAIN (MADHYA PRADESH)

                                                                                                             .....PETITIONER
                                                    (BY SHRI VIVEK DALAL, LEARNED COUNSEL)

                                                    AND

                                            1.      DISTRICT RETURNING OFFICER (PANCHAYAT)
                                                    (COLLECTOR) UJJAIN (MADHYA PRADESH)

                                            2.      TEHSILDAR    AND    RETURNING  OFFICER
                                                    (PANCHAYAT) UJJAIN (MADHYA PRADESH)

                                            3.      ASST. RETURNING OFFICER (PANCHAYAT)
                                                    JANPAD   PANCHAYAT UJJAIN  (MADHYA
                                                    PRADESH)

                                            4.      SHYAMU BAI FULCHAND CHUDHARY GRAM
                                                    MANGROLA CHINTAMAN JAWASIA GHATIYA
                                                    (MADHYA PRADESH)

                                                                                                          .....RESPONDENTS
                                                    (BY 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, the petitioner has sought a direction for recounting Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.07.14 10:38:42 IST of votes. The petitioner was a candidate of Sarpanch Gram Panchayat -

Mangrola, Tehsil & Dist. Ujjain. It is submitted that the voting and counting had

taken place on 25.06.2022, however, the Presiding Officer did not accept the application of the petitioner for recounting of votes submitted on 25.06.2022 and, therefore, the petitioner submitted application to the District Returning Officer on 28.06.2022.

The respondents have raised a preliminary objection regarding maintainability of the petition on the ground that the alternative remedy for the petitioner is to avail election petition in accordance with the provisions of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and Election Rules, 1995. It is further submitted that the application filed by the petitioner on 28.06.2022 has been rejected by the Returning Officer in terms of

the Rules 77(2) and 80(4)(5) of the Madhya Pradesh Panchayat Nirvachan Niyam, 1995. Copy of the order dated 04.07.2022 has been annexed as Annexure R/1.

Counsel for the respondents disputed the fact that any application was submitted to the Presiding Officer on 25.06.2022.

After hearing learned counsel for the parties, I find that the application filed by the petitioner for recounting has been decided by the respondents. 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

Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN is not maintainable. The results are to be declared on 14.07.2022. A coordinate DALAI Date: 2022.07.14 10:38:42 IST Bench at Jabalpur in the case of Smt. Savitribai vs. State Election

Commission (W.P. No.14728/2022) has dismissed the petition for recounting 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 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 10:38:42 IST