The Court emphasized the limitation of objections to the vote counting process, affirming that failure to raise timely objections precludes recount requests.

1. Heard on the question of admission.

2. This petition has been filed by the petitioner under Art.226 of the Constitution of India seeking the following reliefs: -
"1. For issuing writ or direction to the respondent Nos.1 and 2 to decide the representation (Annexure P / 6) filed by the petitioner within a time bound period in accordance with law.
2. To allow the petition with costs.
3. Any other relief which this Hon'ble Court deems fit, looking to the facts and circumstances."

3. The grievance of the petitioner is that she had contested the election for the post of Sarpanch, Gram Panchayat Badiyakima, District - Indore, which was held on 25.6.2022.

4. Counsel for the petitioner has submitted that in the polling Booth No.153 total 448 voters polled their votes, out of which, the petitioner got 633 and the returning candidate Smt. Kunta Rawat got 934 votes. A copy of the counting sheet is also placed on record. Therefore, on 02.7.2022, the petitioner has submitted an application and made complaint to the Returning Officer regarding the irregularity and illegality in counting of the votes in the said Polling Booth of Gram Panchayat Badiyakima, District - Indore. However, the Returning Officer has not passed any order on recounting the votes. Thus, it is submitted that the recounting is permitted under sub-rule (2) of R.77 and sub-Rule (5) of R.80 of the Panchayat Raj Evam Gram Swaraj Adhiniyam , 1993. Thus, the respondents be directed to re - count the votes at the said Polling Booth of Gram Panchayat Badiyakima, District - Indore.

5. Counsel for the respondents / Election Commission has submitted that the petition is liable to be dismissed only on the basis of the averments made therein and it is submitted that there is no such discrepancy happened during the time of polling. Counsel has drawn attention of this Court towards the provisions of R.80 (5) Panchayat Raj Evam Gram Swaraj Adhiniyam , 1993 read with Election Rules, 1995 and it is submitted that as per the said Act the petitioner should submit her objection then and there only at the time of counting of the votes. However, it took seven days'' to the petitioner to file the said application / representation and thus, the petition is liable to be dismissed on this ground only.

6. Considered the rival submissions and perused the documents filed on record.

7. So far as R.80 (5) of the Panchayat Raj Evam Gram Swaraj Adhiniyam 1993, is concerned, the same read as under: - R.80 (5) of the Panchayat Raj Evam Gram Swaraj Adhiniyam 1993 read as under: -
"80. Recount of votes. - (1) After an announcement has been made by the Returning Officer or such other officer authorized by him, of the total number of votes polled by each candidate under sub-rule (2) of R.77, a candidate or, in his absence, his election agent or his counting agent may apply in writing to the Returning Officer or such officer authorized by him. for a recount of all or any of the votes already counted, stating the grounds on which he demands such recount.
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(5) After the total number of votes polled by each candidate has been announced under sub-rule (2) of R.77 or sub- rule (4), the Returning Officer or such other officer authorized by him shall complete and sign the result sheet and no application for a recount shall be entertained thereafter : Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (1). (Emphasis supplied)

8. This Court finds that no interference is called for in the present case, considering the fact