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2004 Supreme(Chh) 8

FAKHRUDDIN
LADDU RAM – Appellant
Versus
COLLECTOR – Respondent


Advocates appeared:
Shri Vishnu Kashta, for the Petitioner.
Shri Gautam Bhaduri, Dy. Advocate General, (or the Respondents No. 1 to 3.
Shri Gurudev Sharan, for the Respondent No.4.

ORDER

1. By this writ petition filed under Article 227 of the Constitution of India petitioner is challenging the order dated 17.7.2001 (Annexure P/6) passed by respondent No.1/ collector whereby it was directed recounting of the votes.

2. Briefly stated the facts are that the petitioner and respondent No.4 contested the election of Janapad Panchayat Constituency No.8 Korkoti Tahsil Keshkal (Bastar) which was held on 1.2.2000. At the time of counting respondent No.4 raised objection that certain arithmetical errors were committed by the Presiding Officer in filling up chart of booth No. 8 Thereafter, the Returning Officer sent the entire papers to the Collector for deciding the matter in accordance with law. Subsequently respondent No.4 filed election petitioner before respondent No.1/Collector, Bastar. After hearing the parties, the collector passed the order dated 21.11.2000. Pursuant to the said order, respondent No.1 declared the result op.22.2.2001 and issued the certificate to the petitioner as an elected candidate. Respondent No.4 being aggrieved by the counting process filed an election petition under the provisions of Section 122 of the Panchayat Raj Adhiniyam before respon





























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