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2018 Supreme(All) 645

B.AMIT STHALEKAR
ARCHANA – Appellant
Versus
STATE ELECTION COMMISSION – Respondent


Advocates:
Counsel :
Ramesh Chandra Singh and Rahul Kumar Singh for the Petitioner; C.S.C., Ashutosh Kumar Singh, S.K. Pandey, Saiful Islam Siddiqui and Suresh Kumar Pandey for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—Heard Shri Ramesh Chandra Singh, learned counsel for the petitioner, Shri Ashutosh Kumar Singh and Shri S.K. Pandey, learned counsel for the respondent No. 3, and the learned standing counsel for the respondent No. 2.

2. The petitioner in the writ petition is seeking quashing of the order dated 31.7.2017 whereby the Prescribed Authority, S.D.M. has directed recounting of the ballots.

3. Briefly stated the case of the petitioner is that three tier elections for the post of Zila Panchayat, Kshetra Panchayat and Gram Panchayat were notified by the State Election Commission in 2015. The elections were held and the petitioner was declared elected. Thereafter an election petition was filed by the respondent No. 3- Smt. Premlata challenging the election result alleging that there were several irregularities in the electoral roll and that even dead persons as well as persons who had left the village and had gone away and were residing in other villages were shown to have voted. The Election Tribunal heard the matter and thereafter by the impugned order dated 31.7.2017 has ordered recounting.

4. The principal contention of the petitioner is that after t





















































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