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TMI Blog2023 (8) TMI 1602X X X X Extracts X X X X X X X X Extracts X X X X ..... So far as the facts of the present case are concerned, Section 122 of the said Act provides that an election under the said Act could be called in question only by a petition presented in the prescribed manner. The manner prescribed is in the Rules of 1995. Rule 5 pertains to the contents of the election petition and Rule 6 thereof pertains to the relief that may be claimed by the Petitioner . In the said Rule 6, it has been provided that the Petitioner may claim a declaration that the election of all or any of the returned candidates is void; and in addition, thereto a further declaration that he himself or any other candidate has been duly elected. Conclusion - The Petitioner having failed to make any application in writing for re-counting of votes as required Under Section 80 of the Nirvachan Niyam, 1995, and having failed to seek relief of declarations as required Under Rule 6 of the Rules of 1995, the Election Petition filed by the Petitioner before the Sub Divisional Officer (R) seeking relief of re-counting of votes alone was not maintainable. Appeal dismissed. - BELA M. TRIVEDI AND S.V. BHATTI, JJ. For the Appellant : Sameer Shrivastava, AOR, Satvic Mathur and Yashika Var ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was declared as elected Sarpanch. (viii) 06.01.2022 - The Respondent No. 1 having challenged the said order of SDO by filing the writ petition, the same came to be dismissed by the Single Bench of the High Court. (ix) 25.04.2022 - The Respondent No. 1 having preferred the writ appeal before the Division Bench, the same came to be allowed vide the impugned judgment and order, mainly on the ground that the relief claimed by the Petitioner in the Election Petition was not in consonance with the Rule 6 of the Rules of 1995. 3. The crisp question of law that falls for consideration before this Court is whether the Election Petition filed by the Petitioner before the Sub Divisional Officer (R) seeking relief of recounting of votes alone, without seeking any relief Under Rule 6 of the Rules of 1995 was maintainable? 4. Before adverting to the submissions made by the learned Counsel for the parties on the issue involved it would be apt to mention that as per Section 122 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as the said Act) an election under the said Act could be called in question only by a petition presented in the prescribed manner, and in case of Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se statement of all material facts on which the Petitioner relies; (b) set forth with sufficient particulars, the grounds on which the election is called in question; (c) be signed by the Petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (V of 1908), for the verifications of pleadings. 6. Relief that may be claimed by the Petitioner. - A Petitioner may claim- (a) a declaration that the election of all or any of the returned candidates is void; and (b) in addition, thereto, a further declaration that he himself or any other candidate has been duly elected. 7. As stated hereinabove, the election of Gram Panchayat Semarkona, District Mungeli had taken place on 28.01.2020, whereby the Respondent No. 1 was declared elected as the Sarpanch. The Petitioner had called in question the said election by presenting an Election Petition on 07.02.2020 before the Sub Divisional Officer (R) Under Section 122 of the said Act of 1993, mainly on the ground that the counting of votes was done hurriedly in the late evening hours, without there being proper facility of light at three booths. The precise relief claimed therein was as under: ...it is prayed that the vote ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ect re-counting of the votes. The precise observations made in Para 14 are reproduced as under: 14. In view of Section 122 and the Rules, we are unable to agree with the ratio laid down in Ram Rati case [(1997) 6 SCC 66 : AIR 1997 SC 3072]. It is not correct to hold that, in an election petition, after the declaration of the result, the court or tribunal cannot direct re-counting of votes unless the party has first applied in writing for re-counting of votes. There is no prohibition in the Act or under the Rules prohibiting the court or tribunal to direct a re-counting of the votes. Even otherwise, a party may not know that the re-counting is necessary till after the result is declared. At this stage, it would not be possible for him to apply for re-counting to the Returning Officer. His only remedy would be to file an election petition Under Section 122. In such a case, the court or the tribunal is bound to consider the plea and where a case is made out, it may direct re-count depending upon the evidence led by the parties. In the present case, there was obvious error in declaring the result. We, therefore, hold that the ratio laid down in Ram Rati case [(1997) 6 SCC 66 : AIR 1997 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sohan Lal's case, the Court or Tribunal may direct re- counting of votes in the Election Petition, depending upon the evidence laid down by the parties in the Election Petition, nonetheless the Election Petition seeking the relief for re-counting of votes only, without seeking any other reliefs i.e., declarations as contemplated in Rule 6, would not be tenable in the eye of law. The main reliefs that may be claimed in the Election Petition have to be the reliefs as envisaged in Rule 6 of the said Rules of 1995. 14. Though a faint attempt was made by the learned Counsel for the Petitioner to argue that the agent of the Petitioner had orally requested the Returning Officer to re-count the votes immediately after the announcement of total number of votes polled by each of the candidates, admittedly no such request was made in writing either by the Petitioner or his agent to the Returning Officer as required Under Rule 80 of the Nirvachan Niyam 1995. Even otherwise the Petitioner was required to call in question, the election by filing an Election Petition Under Section 122 of the said Act, in the manner prescribed under the Rules of 1995 which required the Petitioner to seek decl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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