Sudesh Rani vs Jarnailo Devi and Others

Vinod K. Sharma, J.—The present revision petition has been filed against the order dated 25.11.2006 vide which the learned Additional Civil Judge (Sr. Division), Kurukshetra, acting as Election Tribunal had ordered the recounting of the votes.

Learned Counsel for the petitioner vehemently contends that there was no valid ground at all available with the Election Tribunal, who has ordered the recounting of votes. In support of his contention, learned Counsel for the petitioner has placed reliance on a Full Bench Judgment of his Court in the case of Radha Kishan Vs. Election Tribunal-cum-Sub-Judge and Another, . Learned Counsel for respondent No. 1 also places reliance on this very judgment and contends that the petitioner while appearing as RW-1 had given her consent for recounting. According to the learned Counsel for the respondent, the order under the challenge cannot be set aside in view of the observations made by the Full Bench of this Court in paras 25 and 27 of the judgment.

Faced with this situation, learned Counsel for the petitioner contends that the reading of election petition shows that no valid ground for recounting whatsoever was made out but merely a consent of the petitioner cannot a valid ground for ordering recounting of votes. This contention cannot be accepted as the Election Tribunal has given a categorical finding that there was a valid ground for recounting of the votes in view of the fact that 26 votes were declared invalid out of which 23 votes related to the petitioner.

In view of what has been stated above, there is no merit in the present revision petition, which is accordingly, dismissed.