-<»' F'- RESPONDENTS C) IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.f C.-INO. ^ l4- / 2007 PETITIONER : ^Hari Shankar Lahare S/o. Shri Sharabhudayal Lahare Aged about 39 years . Sarpanch ,Gram Panchayat Samesar, Tehsil Navagarh District Durg (C.G.) VERSUS IJ^- State of Chhattisgarh Through : The Secretary Department of Panchayat and Social Welfare Mantralaya D.K.S. Bhawan Raipur (C.G.O 2) Rajkun'iar Didore S/o- Padum Lal Didore,30 yrs. R/o. Village Cheetapar Post 8s Tehsil Navagarh District Durg (C.G.) The Speeified Officer Cum Sub Divisional Officer Bemetara , District Durg (C.G.) Girwar Singh S/0 Shri Thanwar, 61 years R/0 Vill. Kapri Teh. Navagarh Distt. Durg (C.G.) < 5) Daurara Banjare S/0 Milauram, 50 years R/0 Vill. Kapri The. Navagarh Distt. Durg (C.G.) 6) Dinesh Kumar S/0 Shri Puhupdas , 37 years R/0 Vill. Cheetapar Teh. Navagarh Distt. Durg (C.G.) 7) Deepak Kumar / ^" 8) 9) 1.0) .11) 12) 13) 1.4) 15) S/0 Bansilal Banjare, 30 years R/0 Vill. Kapri, Teh.Navagarh Distt. Durg (C.G.) Maniram S/0 Shankar Jogi , 32 years R/0 Vill. Cheetapur Teh. Navagarh Distt. Durg (C.G.) Milauram S/0 Santuram Sahu, 50 years R/Ovill. Samesar Teh.Navagarh Distt. Durg (C.G.) Ramdas Manikpuri S/0 Guhadas Manikpuri,35 yrs. R/o Vill. SamesarTeh.Navagarh Distt. Durg (C.G.) Ramratan S/0 Bhakla Chaturvedi, 32 yrs. R/0 Vill. Cheetapur Teh. Navagarh Distt. Durg (C.G.) ShivKumar S/0 Sunderdas Vaishnav, 35 yrs. R/0 Vill. Samesar TEh.Navagarh Distt. Durg (C.G.) Shri M.L.Gupta S.D.O.Bemetra cum Retuming Officer Block Navagarh Distt.Durg Shri D.S.Ratre ^. Instructing Officer I.T.I. Bemetra Distt. Durg (C.G.) Shri B.R.Soni Instructing Officer I.T.I. Bemetra Distt. Durg (C.G.) c' WRIT PETITION U/A 226 OF THE CONSTITUTION OF INDIA I. Particulars of fhe Petitioner. As per cause title. XI-HC-22 3ST •<<|i|ld'l<, ESTdtf'Ko, RlClKHy ^wni sh*<ich_.5?5.^/ ^.T.-..,....^.../......^ fsre^ W^l 200'7- an^rqir R-fi+sn^r s»)*iiqi«Ra S»)*11t) 3n^?r s^tiw flfsd <Di<iFii<l1-f *ii*«iT¥tec^<Ri+di< ^sri^irsn^T \-^- 06,02.2007 On a mention being made, the matter is taken-up for hearing. Shri Praful Bharat, couns^l for" the petitioner. Shri Rajeev Shrivastava^ounsel for respondent No.2. /I Shri Utkarsh Verma, Dy (povernment Advocate for respondents No.l & 3/ State. None for respondents No kt to 15. Heard on admission and or|i M.(W.)P.No.448/2007. Petitioner is the returned candidate and respondent No.2 is the election petitioner. This is third round when parties agitated the order passed by the Specified assigning any reason, by a no Officer; Specified Officer without ^-speaking impugned order, directed recount of votes; hence, this pe'|"ition. Admittedly, evidence of by the Specified Officer, who disposa! of the Election Petitiot^ ^soth the parties have been recorded also heard both the parties for final i, but instead passin9 finai order, he has directed recount of the vot4s. The secrecy of the bali^t is sacrosanct in a democracy and hence unless the affected candi^late is abte to allege and substantiate in acceptable measure by means |of evidence that a prima facie case of a high degree probability existe^l for the recounting of votes, in that case only recounting of votes ca^i be directed. , \H1&^|^) .22 ¥te^)l5Rzre -sn^r 3^ '<ii'i<ici<i, WTftwis, IsK-iwy . ^^^^-l ^..W+...^..^.....^| 200-^ WHWI Shllth Rl'b^ alr^ady When evidence has Officer, who aiso heard finally his part to record conclusion in law laid down by 1-ion'ble the ragard to recounting of votes, In yiew of the above, th| officer on 31.01.2007 for directed to pass speaking and and settled pfinciples re< With the aforesaid Consequently, M.(W.)P.N( 4nd reco|untir)g garding^recounting obseitvation °bi<it<t<fl-< iw<iT^'te^'<Ri«;K ^iST^iran^T been recorded by the specified both 1+ie parties, it was incumbent on accordance with settted principles and Apex Court from time to time with to pass reasoned, qseaking order. ^ impu9ned order passed by specified of votes is set aside and he is 'easoned order in accordance with law of votes. i, petition stands disposed of. 1.448/2007 stands disposed^f. V.K. Shrsvastava Judge (Ift^y^) ^