The election for Sarpanch was declared void due to procedural violations and manipulation in vote counting, emphasizing the necessity of following established electoral processes.

ORDER :

The petitioner has filed the present petition under Article 226 of the Constitution of India being aggrieved order dated 13.01.2023 (Annexure P/1) in Case No.01/A-89(21)/2022-23 passed by the Sub Divisional Officer (Revenue), Sub Division, Sonkatch, District Dewas (M.P.) as Specified Officer under Section 122 of Madhya Pradesh Panchayat Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as the Panchayat Act) directing recounting of the votes of all the Polling Centers of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.) within three days and sent report to the Court.

2. The facts of the case in short are, as under: -

2.1 The Petitioner (Kamal Singh S/o Bhagwan Patel), respondent No.4 (Dheeraj Singh S/o Laxmichandra), Rakesh Kumar S/o Hajarilal and Sohanlal S/o Ramcharan Patel contested the panchayat election for the post of Sarpanch of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.). Four Polling Centers No.52, 53, 54 and 55 were established for the purpose of voting in the election.

2.2 The voters of Gram Panchayat casted the votes and on the same day i.e. 01.07.2022, they were counted; and Form No.17 under Rule 84 of MADHYA PRADESH PANCHAYAT NIRVACHAN NIYAM , 1995 (herein after referred to as the Nirvachan Niyam) of all the Polling Centers were issued by the Returning Officer.

2.3 According to the petitioner in Polling Centre No.52, he secured 122 votes, Rakesh Kumar, secured 93 and 44 votes were rejected votes out of total votes casted 434. According to the petitioner, the Returning Officer prepared another Form No.17 in which he has been shown securing 93 votes and Rakesh Kumar securing 122 votes and thereafter, the final result was declared in Form No.21 on 14.07.2022 whereby Dheeraj Singh (respondent No.4) has been declared elected by securing 629 votes whereas he secured 615 votes. According to the petitioner because of changing his vote from 122 to 93 in the polling center, he lost the election.

2.4 The petitioner filed an election petition under Section 122 of the Panchayat Act challenging the election of Dheeraj Singh. The Returning Officer and Presiding Officers filed their reply admitting that there was an error in filling Form No.17, but the same was corrected later on. The petitioner secured 93 votes and Rakesh Kumar secured 122 votes. Vide order dated 13.01.2023 (Annexure P/1) the SDO (Revenue), Sub Division Sonkatch, District Dewas (MP) allowed the election petition, set aside the election result dated 14.07.2022 and directed the Returning Officer, Panchayat Election, Tehsil Tonk Khurd, District Dewas (MP) to conduct recounting of votes of all the Polling Centers of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.) within three days and complete the election proceedings of the Sarpanch.

3. Being aggrieved by the aforesaid order, the petitioner has filed the present writ petition on the ground that on 13.01.2023 the learned SDO (Revenue) wrongly directed for recounting of votes instead by calculating 122 votes in Polling Booth No.52, the petitioner ought to have been declared as an elected candidate for the post of Sarpanch. The Returning Officer as well as the District Election Officer have violated the provisions of Rule 84 of the Nirvachan Niyam by correcting Form No.17, without recording any reason, therefore, the order is liable to be set aside and the petitioner be declared as elected Sarpanch of Gram Panchayat Barkheda, Tehsil Tonk Khurd, District Dewas (M.P.).

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