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S.K.GANGELE, S.K.PALO
Mansingh Parsoda – Appellant
Versus
Sachiv M. P. Rajya Nirvachan Aayog – Respondent
JUDGMENT
1. Heard.
2. Writ Court has made present reference before the Division Bench.
3. The petitioner contested the election of Ward Member of District Panchayat Guna from Ward No. 1. Respondent No. 3 was declared elected by a margin of 113 votes. The petitioner filed an election petition under the provisions of Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam 1993 (hereinafter referred to the 'Act of 1993'). The petitioner also prayed a relief of recounting. The authority vide order dt. 9th August 2011 ordered recounting of votes. When recounting was carried out, the authority - Collector-District Election Officer Guna found that the ballet papers of polling centers No. 43, 44, 45, 46, 47, 48, 50, 51, 54, 59, 60, 97, 276, 277, 278 and 279 total 16 were damaged due to seepage and it was not possible to recount them. Hence, the Collector sought the explanation from the authority that whether counting of earlier votes of those 16 polling centers be counted as it is or the votes of the polling centers be declared as zero (0) and thereafter the result of recounting be declared. When the result of recounting was not declared, the petitioner filed a writ petition before this
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