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2005 Supreme(MP) 451

K.K.LAHOTI
Ram Rati – Appellant
Versus
Sub-Divisional Officer, Sidhi – Respondent


Advocates:
D.S. Chouhan for petitioner; R.B. Singh for respondent No.2.

ORDER

1. Petitioner has invoked power of superintendence under Article 227 of the Constitution of India, challenging the validity of order dated 4.10.2004 by Sub-Divisional Officer, Gopadbanas, District Sidhi in Election Petition No. 1/2003-04 (Shivkali v. Dashmanti and others), by which the respondent No. 1 directed recounting of votes for the election held on 20th December, 2002 for the post of Sarpanch, Gram Panchayat Kukudijhar, Gopadbanas, District Sidhi.

2. The facts necessary for the decision of the case• as stated by respondent No.2 Shivkali in the election petition filed before respondent No.1 are that electron of Sarpanch, Gram Panchayat Kukudijhar, was held on 20.12.2002. In the said election, respondent No.2 and petitioner were rivals apart from other six rival candidates. During the course of counting of votes there was manipulation and the valid votes received by respondent No. 2 were kept in rejected votes. In the result it is declared that petitioner Ram Rati got 318 votes and respondent No. 2 got 317 votes and by a margin of only one vote, petitioner was declared elected Sarpanch for the one post. Respondent No. 2 immediately applied for recounting, but her applicati






















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