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2006 Supreme(MP) 1010

K.K.LAHOTI
Rafik Khan – Appellant
Versus
Sub-Divisional Officer-cum-Prescribed Authority – Respondent


Advocates:
Umesh Trievedi, K.L. Pandey and Awadhesh Gupta for petitioners;
Sanjay Sharma, Ravindra Bisen, Rahul Jain and
Smt. Sunita Verma for respondents.

ORDER

1. This batch of petitions is decided by this order as the question involved in all the cases is common. All the petitions are being filed on the ground that in the election petition filed against the returned candidate, whether a recounting may be directed without recording evidence and satisfaction of the Election Tribunal that recounting is justified or where the recounting has been held in compliance of the order passed by the Tribunal in the aforesaid circumstances, and the result of election has changed, whether the order which has been passed without recording evidence and satisfaction of the Tribunal may be interfered in writ jurisdiction.

2. In WP No.7663/2005 (Rafik Khan v. Sub-Divisional Officer, Waraseoni and others), petitioner Rafik Khan has challenged order dated 30.7.2005 by which the Election Tribunal directed recounting. The petitioner was proceeded ex parte as he has failed to appear before the Election Tribunal after receiving the notice. Thereafter, the Election Tribunal by order dated 19.7.2005 after proceeding ex parte against the petitioner considered the pleadings, record and found that recounting appears to be necessary and directed recounting. The rec









































































































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