IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT: THE HON'BLE MS JUSTICE G. ROHINI CIVIL REVISION PETITION No.2267 OF 2009 Between: Kattela Shobha ..... PETITIONER AND Mundlapati Kumara Swamy and others ..... RESPONDENTS ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order dated 07-05-2009 in I.A.No.45 of 2006 in O.P.No.6 of 2006 on the file of the Court of the Principal Junior Civil Judge, Anantapur – cum - the Election Tribunal Constituted Gram Panchayat Act. The revision petitioner filed O.P.No.6 of 2006 under Section 233 of the A.P. Panchayat Raj Act, 1994 seeking a declaration that the election of the first respondent herein as Sarpanch of Mannila village was illegal. Pending the said O.P. the petitioner filed I.A.No.45 of 2006 with a prayer to send for the ballot papers polled in the election for the purpose of recounting in the open Court. The said application was dismissed by the Court below by order dated 07-05-2009 and aggrieved by the same this Civil Revision Petition has been filed. Having heard the learned counsel for the parties and having perused the material available on record, I do not find any justifiable reason to hold that the Court below had committed any error in rejecting the petitioner’s application for recounting of the votes polled. The law is well settled that recounting of votes cannot be ordered unless a strong prima facie case is established on the basis of the material placed before the Court. In the absence of any material to establish such prima facie case, the Court below had rightly dismissed the application for recounting. Hence, the order under revision warrants no interference by this Court and accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _____________ G. ROHINI, J June 10, 2010. Pn THE HON'BLE MS JUSTICE G. ROHINI CIVIL REVISION PETITION No.2267 OF 2009 June 10, 2010