Case Note & Summary
The judgment concerns two writ petitions arising out of Election Petition No. 2 of 2002 filed under Section 27 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The dispute relates to the election of Panchayat Samiti Taluka Patan for ward/college No. 32. The petitioner, Smt. Suvarna Hanmant Gurav, and the respondent No. 1, Smt. Housabai Laxman Zore, were the only two candidates. The election was held on 17.2.2002. The respondent No. 1 filed the election petition challenging the election of the petitioner, alleging irregularities in counting and seeking a recount. The Election Judge, by an order, directed a recount of votes. The petitioner challenged this order in Writ Petition No. 3134 of 2002 and also filed Writ Petition No. 1797 of 2005 challenging subsequent orders. The High Court heard both petitions together. The court examined the factual matrix and the submissions of the parties. The petitioner argued that the Election Judge had no jurisdiction to order a recount without proper evidence. The respondent contended that the order was interlocutory and should not be interfered with. The High Court held that the Election Judge had applied his mind and found a prima facie case for recount. The court noted that the order was not perverse or without jurisdiction. Therefore, the High Court dismissed both writ petitions, upholding the order for recount. The court directed that the recount be conducted expeditiously.
Headnote
A) Election Law - Recount of Votes - Prima Facie Case - Section 27, Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The Election Judge ordered recount of votes in an election petition alleging irregularities in counting - The High Court held that the Election Judge had applied his mind and found a prima facie case for recount, and such an interlocutory order should not be interfered with in writ jurisdiction unless perverse or without jurisdiction - Held that the order for recount was justified (Paras 1-10).
Issue of Consideration
Whether the Election Judge was justified in ordering a recount of votes based on the allegations made in the election petition and the material on record.
Final Decision
Both writ petitions are dismissed. The order of the Election Judge directing recount of votes is upheld. The recount shall be conducted expeditiously.
Law Points
- Election petition
- recount of votes
- prima facie case
- Section 27 Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- writ jurisdiction
- interference with interlocutory orders
