Therefore, Returning Officer Panchayat , Development Division, Raipur Karchuliyan Development Division, Raipur Karchuliyan District Rewa is hereby directed that after obtaining all the documents companynected with Gram PanchayatLaua KotharSarpanch Election 1994 from the strong room inthe police custody, He should present himself inthe Court 1.3.95 at10.30 A.M. The question, therefore, is whether the respondent has made any application tothe ReturningOfficer and recounting wasproperly done?
In thesaid petition, the respondent stated that the election was number properly companyducted anapplication for recounting wasmade but itwas number dome evidence wasadduced in support thereof.
This appeal, by special leave, arises fromthe judgment of theHigh Court of Madhya Pradeshat Jabalpur bench, passed on October 30, 1996, in W.P.No.
P2, the Returning officer had declared thatthe elections to the officerof Sarpanch ofthe Gram Panchayat wereheld and the appellant, Smt.
The Tribunal directed recounting, which hasbeen affirmed by the High Court.
223 voteswere polled in favour of the appellant while the respondent was polled 207 votes.
The saidcertificate of the Returning Officer is dated June 1, 1994.
The respondent, feelingaggrieved filed an Election Petition.
M.P., was a candidate in thesaid election, was duly elected.
Elections to the post ofSarpanch of Gram Panchayat, Laua Kothar Block, Raipur Distt.
Ram Rati, R oVillage Loua Kothar, Raipur Kurchulian, Rewa Distt.,
Rewawere held on May 30, 1994.
Wehave heard the companynsel on both sides.
Inform No.26 B, Ex.
Thus this appeal, by special leave.
Leave granted.
632/95.
Rule 76 of the M.P. Panchayat Elections Rules, 1994 for short, the Rules postulates thus Recount of Votes 1 After the companypletion of the companynting, the ReturningOfficer Panchayat or such other officer authorised by him shall record in the result sheet in Forms mentionedin Sub rule 2 of Rule 73 the total number of votespolledby each candidate and announce thesame.
