CW 11797/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.11797/08 Smt. Jameela Bano Versus District Election Officer & Ors. DATE OF ORDER : 27/02/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Satish Khandelwal, for petitioner *** Instant petition has been filed by petitioner assailing order Ann.5 dt.18th September, 2008 whereby additional prayer made before the respondent No.1 to recount such blank ballot papers in presence of both the parties by District Election Officer who has been directed to recount the votes under order dt.3rd September, 2008. Petitioner who was defeating candidate for Sarpanch, Gram Panchayat Toda, Panchayat Samiti, Deeg, District Bharatpur which took place on 31st January, 2005 was challenged by her through election petition u/s.43 of Rajasthan Panchayati Raj Act, 1994. After taking into consideration the objection made by the parties, learned trial Judge directed vide its order dt.3rd September, 2008 to the concerned authority to recount the votes of petitioner and of elected candidate CW 11797/08 [2] respondent No.2 in presence of their respective counsels and resultsheet after recounting be submitted to the court and matter was listed for further hearing on 18th September, 2008. It appears that on the date of recounting i.e. 15th September, 2008, petitioner submitted further application with the grievance that those blank ballot papers may also be counted and be taken note of by the District Election Officer which alone will show the position of the ballot papers which are to be recounted under the orders of learned trial Judge dt.3rd September, 2008. However, when it was not being effectively considered, matter came before learned trial Judge who under its order dt.18th September, 2008 dismissed the application on the premise that even on recounting, petitioner has lost election and no further recounting of votes can be permitted. I have heard counsel for petitioner and perused the order impugned. This court does not find any manifest error which may call for interference. Consequently, writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA11797CW08 27-2.doc