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PR RAMACHANDRA MENON, PARTH PRATEEM SAHU
Leela Bai Sharma, W/o Ghanshyam Prasad Sharma – Appellant
Versus
State of Chhattisgarh, through the Secretary, Department of Panchayat & Social Welfare – Respondent
ORDER :
Parth Prateem Sahu, J.
1. Sustainability of the order dated 27.8.2020 passed by the learned Single Judge in WPC No.1939/2020 by which the learned Single Judge has allowed writ petition and remitted back the case to the Election Tribunal i.e. respondent No.3 herein, for deciding the matter afresh after framing issues and after granting opportunity of hearing to the parties to lead evidence, is put to challenge in this writ appeal.
2. Facts of the case, in brief, are that election for the post of Sarpanch, Gram Panchayat Jairamnagar, Tahsil Masturi, District Bilaspur took place on 28.1.2020. Appellant along with private respondents herein contested the said election. After completion of counting of votes, result was declared in which respondent No.6 has been declared to be elected as she has secured total 1303 votes. Appellant secured second highest votes i.e. 1213. On 31.1.2020 appellant filed an objection before the Returning Officer with regard to irregularity in counting of votes and thereafter filed an election petition under Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short 'the Adhiniyam, 1993') before the Sub Divisional Officer (R), Masturi i.e. re
Election petitions must adhere to statutory procedures for recounting; failure to comply invalidates recount orders.
Recounting of votes requires a prima facie case supported by cogent evidence; mere differences in vote counts do not justify recounting.
The secrecy of the ballot is sacrosanct, and a recount of votes should only be ordered based on specific and proven allegations, following the prescribed procedure.
The necessity for a prima facie case to be established before ordering a recount of votes, and the requirement for adequate statement of material facts and contemporaneous evidence to support the all....
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