JUDGMENT

S. PANDA, J.

1. This Writ Petition has been filed by the petitioner challenging the order dated 23.3.2013 under Annexure-1 passed by the learned Civil Judge (Junior Division), Aska in Election Petition No.2 of 2012 allowing the petition filed by opposite party No.1 for recounting of votes in respect of Booth No.15 of Dhanantara Grama Panchayat under Sheragada Block in the district of Ganjam.

2. The brief facts of the case are that the petitioner and opposite party No.1 were the candidates for election to the post of Sarapanch of Dhanantara Grama Panchayat under Sheragada Block in the district of Ganjam, which was held on 13.2.2012 and in the said election the petitioner was elected to the post of Sarapanch of the said Grama Panchayat. Being aggrieved opposite party No.1 filed a petition under Section 31 (1) of the Odisha Grama Panchayat Act before the learned Civil Judge (Junior Division), Aska with a prayer to declare the election of the petitioner to the post of Sarapanch of Dhanantara Grama Panchayat as void by recounting the votes polled and declare opposite party No.1 as ejected to the post of Sarapanch, of the said Grama Panchayat since he has secured highest votes than the petitioner in the said election, which was registered as Election Petition No.2 of 2012. The case of opposite party no.1 is that for election to the post of Sara Panch of Dhanantara Grama Panchayat there was 15 numbers of booths and after closure of polling, the votes polled in the respective booths were counted in presence of election agents of the parties. In the said election, opposite party no.1 has got 1379 number of votes whereas the petitioner has got 1379 number of votes. Though opposite party No.1 got 38 votes more than the petitioner, on 21.2.2012 during official declaration of result at Sheragada, Panchayat Samiti, the Election Officer-cum-Block Development Officer, Sheragada announced that the petitioner has won the election by a margin of 38 votes. After declaration of result, opposite party No.1 filed an application before the Election Officer with a prayer to recount the votes in respect of Booth No.15 of Sheragada Grama Panchayat as he has got 134 number of votes from the said Booth whereas the petitioner has got 97 number of votes but due to wrong recording in the result sheet that opposite party.No.1 has got 97 number of votes and the petitioner has got 134 number of votes, the petitioner has been illegally declared as elected to the post of Sarapanch of Dhanantara Grama Panchayat. As the Election Officer refused to recount the votes, opposite party No.1 approached the District Election Officer-cum-Collector, Chhatrapur, but the said authority also did not take any step for recounting of the votes. Thereafter, opposite party no.1 filed Election Petition No.2 of 2012 before the learned Civil Judge (Junior Division), Aska with a prayer to declare the election of the petitioner as Sarapanch of Dhanantara Grama Panchayat to be void and also filed a petition for recounting of the votes polled in respect of Booth No.15 of the said Grama Panchayat as opposite party no.1 has secured highest votes than the petitioner in the said booth. The Court below after hearing learned counsel for the parties by order dated 02.2.2013, allowed the application filed by opposite party no.1 for recounting of the ballot papers without assigning any reason thereof, which was challenged before this Court by the petitioner in W.P. (C) No. 3174 of 2013. This Court by order dated, 07.3.2013 while disposing of the said Writ Petition set aside the order dated 02.2.2013 and directed the Court below to reconsider the matter taking into consideration the materials available on record and the position of law as discussed in the said order. In pursuance of the order dated 07.3.2013, the Court below after considering the materials available on record and the position of law discussed by this Court therein, by the impugned order dated 23.3.2013 in Election Petition N