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2005 Supreme(MP) 452

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


Advocates Appeared:
D.S.Chouhan, R.B.Singh,

Judgment

( 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 Ors.), 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 election 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














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