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2008 Supreme(AP) 580

G.ROHINI
Elisetty Bheemanna Dora – Appellant
Versus
District Election Authority and the District Collector, East Godavari District, Kakinada – Respondent


Advocates appeared:
Counsel for the petitioner: Sri V.V.N.NARAYANA RAO
Counsel for the respondents: GP FOR PANCHAYAT RAJ & RURAL DEV.

ORDER:

This writ petition is filed seeking a Certiorari to call for the records relating to the order dated 3.7.2008 in Election O.P.No.8 of 2006 on the file of the Court of the Election Tribunal-cum-Principal Junior Civil Judge, Kakinada and to quash the same being arbitrary and illegal.

2. The writ petitioner was elected as Sarpanch of P. Vemavaram Gram Panchayat of Samalkota Mandal, East Godavari District, in the elections held on 2.8.2006. The 9th respondent herein, who was the unsuccessful candidate, filed Election O.P.No.8 of 2006 before the Election Tribunal-cum-Principal Junior Civil Judge, Kakinada to order recounting of all polled votes and also to set aside the election of the writ petitioner and further to declare that the 9th respondent herein/election petitioner was duly elected as Sarpanch of the Gram Panchayat. The Tribunal below, after hearing both the parties, by order dated 3.7.2008 allowed E.O.P.No.8 of 2006 partly and ordered recounting of all the votes polled in the election held on 2.8.2006 fixing the date for recounting as 2.8.2008. The said order is under challenge in this writ petition.

3. In the election petition, the election petitioner/9th respondent he
















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