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2004 Supreme(MP) 456

K.K.LAHOTI
Mubarak Master – Appellant
Versus
Hansraj Tanwar – Respondent


Advocates Appeared:
A.K.PATHAK, J.P.Dhimole, O.P.Dwivedi, Sanjay K.Agrawal, Uma Kant Sharma,

Judgment

( 1. ) THIS petition is directed against the order (Annexure P-l), dated 10-5-2001 by First Additional District Judge, Shahdol in Case No. 3/2000 (Election Petition) (Hansraj Tanwar v. Mubarak Master and Ors.) by which the learned Second Additional District Judge has directed to hold recounting of ballots for the election of President, Dhanpuri Nagar Palika Parishad, held on 2242-99.

( 2. ) SHORT facts of the case are that the petitioner and respondent Nos. 1 to 7 contested the election of President of Nagar Palik Parishad, Dhanpuri in which petitioner was declared as a returned candidate. The polling was held on 22-12-99 and counting on 27-12-1999. Respondent No. 1 Hansraj Tanwar filed an application immediately after counting, praying for recounting on various grounds. The application was rejected by the Returning Officer vide order (Annexure P-2), dated 27-12-1999 on the ground that during counting no such objections were raised nor it was specified on which counting table the counting was not done properly or the counting supervisor and counting Assistant have favoured the petitioner or interpolation in the tabulation sheet was made. Thereafter petitioner was declared as



















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