9911796707
TMI Blog2023 (8) TMI 1602X X X X Extracts X X X X X X X X Extracts X X X X ..... his Appeal are: (i) 28.01.2020 - The election of Gram Panchayat, Semarkona Block, District Mungeli, Chhattisgarh took place for the post of Sarpanch in which Petitioner, Respondent No. 1 and Respondent Nos. 5 to 8 contested the election. (ii) 30.01.2020 - The result of election was declared in which Respondent No. 1 was declared elected. (iii) 07.02.2020 - The Petitioner filed the Election Petition before the Sub Divisional Officer, Mungeli and prayed for recounting of the votes mainly on the ground that there was no sufficient light at the three booths as stated therein. (iv) 18.10.2021 - The Sub Divisional Officer (R), Mungeli allowed the said Election Petition and directed recounting of votes. (v) 08.11.2021 - The Respondent No. 1 having challenged the said order dated 18.10.2021 passed by SDO approached the High Court by filing writ petition, which came to be allowed on the ground that SDO had not followed the due process of law. The High Court also directed the SDO to decide the Election Petition in accordance with the provisions contained in Rule 11 of the Chhattisgarh Panchayats (Election Petitions, Corrupt Practices and Disqualification for Membership) Rules, 1995 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... polling station has been completed, the Returning Officer or such other officer authorised by him, shall make the entries in result sheet in Form 16 for Panchas and in Part one of the result sheet in Form 17, 18 and 19 for sarpanch, members of Janpad Panchayat and Zila Panchayat respectively and announce the total number of votes polled by each candidate. 5. Rule 80 pertains to the recount of votes. The relevant Sub-rule (1) and (2) thereof are reproduced hereunder: 80. Recount of votes. - (1) After an announcement has been made by the Returning Officer or such other officer authorised by him, of the total number of votes polled by each candidate Under Sub-rule (2) of Rule 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 authorised by him, for a recount of all or any of the votes already counted, stating the grounds on which he demands such recount. (2) On such an application being made the Returning Officer or such other officer authorised by him shall decide the matter and may allow the application in whole or in part or may reject it in to if it appears to him to be frivolous or unre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that once the result is declared, the only remedy available to an aggrieved party is filing of an Election Petition Under Section 122, and the Tribunal i.e., SDO in this case, is bound to consider the plea of recounting of votes and also declare the result accordingly. He also submitted that the agent of the Petitioner had orally requested the Returning Officer to recount the votes, immediately on the announcement of total number of votes polled by each candidate, as required Under Rule 80 of the Nirvachan Niyam, 1995, however Returning Officer did not pay any heed to it. 9. Rebutting the said submissions, learned Counsel for the Respondent No. 1 submitted that no such objection was raised either orally or by application in writing for re-counting of votes by the Petitioner or her agent, either during the counting or after the completion of counting of votes. He further submitted that the only prayer prayed for by the Petitioner in the election petition was for re-counting of votes at three selective booths, and such a prayer was not in consonance with Rule 6 of the said Rules of 1995. 10. At the outset, it may be noted that a three judge bench of this Court in Sohan Lal v. Babu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of. It is also well settled salutary principle that if a Statue provides for doing a thing to be done in a particular manner, then it has to be done in that manner and in no other manner. In Cherukuri Mani w/o. Narendra Chowdari v. Chief Secretary, Government of Andhra Pradesh and Ors. (2015) 13 SCC 722, it is observed that "where the law prescribes a thing to be done in a particular manner following a particular procedure, it shall be done in the same manner following the provisions of law, without deviating from the prescribed procedure." 13. 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 electi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
