K.K.LAHOTI
Rafik Khan – Appellant
Versus
Sub-Divisional Officer-cum-Prescribed Authority – Respondent
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
2. H.D. Revamla v. G. Puttaswamy Gowda and others = [AIR 1999 SC 768]
4. Vadivelu v. Sundaram and others = [(2000)8 SCC 355]
5. P.H. Pujar v. Kanthi Rajashekhar Kidiyappa and others = [(2002)3 SCC 742]
6. Sohan Lal v. Babu Gandhi and others = [2002(2) Vidhi Bhasvar 300
7. T.A. Ahammed Kabeer v. A.A. Azeez and others = [AIR 2003 SC 2271]
8. Jibontara Ghatowar v. Sarbananda Sonowal and others = [(2003)6 SCC 452]
9. Hohila Tiwari v. State of Bihar and others = [(2005)12 SCC 342]
10. Gayatri Bai (Smt.) v. Alka Sharma = [1997(II) MPWN 98]
11. Chandrawati (Smt.) v. Smt. Vijay Rajkumari and others = [2003(2) JLJ 232]
12. Mubarak Master v. Hansraj Tanwar and others = [2004(4) MPLJ 280]
13. Vadivelu v. Sundllram and others = [(2000)8 SCC 355]
14. T.H. Musthaffa v. M.P. Verghese and others = [(1999)8 SCC 692]
15. Ram Sewak Yadav v. Hussain Kamil Kidwai and others = [(1964)6 SCR 238]
3. Mahendra Pal v. Ram Dass Malanger and others = [AIR 2000 SC 16]
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