® @ (yw alf IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT pETITION ( C) No. W OF 2010 S/hanta Bai W/O Siyaram Patel, aged about 34 years R/O Village and Post- Konari, Police Station and Tahsil Palari, District— Raipur, (C.G.). RESPONDENTS : 1. Bhuneshwari Sahu W/O Netram Sahu, aged about 27 years, R/O Village— Konari, Police Station and Tahsil Palari, District- Raipur, (C.G.) 2. Kartik Bai W/O Bishambhar Rajak, aged about 35 years. 3. Ganeshiya W/O Gajendra Patel,aged about 25 years. 4. Champa Bai Wd/o Amar Das Manikpuri, aged about 53 years: \ 5. Firtin Bai W/O Hira Das Manikpuri, aged about 53 years. 6. Bimla Bai W/O Ramesh Patel, aged about 34 years. . 12. Padum Kumar Banjare, Upper Division Teacher High Séhool Marda, Tahsii- Baloda Bazar, District— Raipur, (C.G.). (Prescribed Officer of Booth No. 200). 13; S.K. Gupta, Shikshakarmi Cias- I, at Government Higher Secondary School. Arjuni Police Station and Tahsil— Bhatapara, District- Raipur, (C.G.) (Prescribed Officer of Booth No. 200). ‘ 14. C.M. Dhritlahra,’ Shikshakarmi Class-I, Government Higher Secondary School, Arjuni, Police Station and Tahsil Bhatapara,, District— Raipur, (C.G.). (Prescribed Officer of Booth No. 201). 15. Election Officer, Janpad Panchayat Palari, District Raipur, (C.G.). WRIT P TIOd UU£DER ARTICLES gg6 ggd 227 OF THE _ CON§TITU l £QN OF INDIA. ’ s E H HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) NO.2541 OF 2010 PETITIONER Shanta Bai Versus RESPONDENTS Bhuneshwari Sahu & Others (Writ Petition under Aiticie 226.and 227 of the Constitution of India) Single Bench : Hon’bie Shri Satish K. Agnihotri, J. Present :- Shri Sunii Sahu, Advocate for the petitioner. Shri Deepak Jain, Advocate for the respondent No‘1. None appears for the respondents No.2 to 14, despite service of notice. _ Shri N.N. Roy, Pane! Lawyerfor the State/respondent No.15. ORDER (ORAL) (Passed on this 23rd day of July, 2010) The main grievance of the petitioner is that without recording finding; after affording proper opportunity of hearing to the parties, examining & cross-examining the witnesses and documents, the Tribunal on the basis of prima facie satisfaction has directed recounting of votes. it is further submitted that recounting of votes may not be ordered without foliowing the due process of law and without coming to the specific conclusion that there was some deficiency or irregularity in counting of votes. 2‘. Shri ‘Jain, learned counsel appearing for the respondent No.1 submits that there was a proper satisfaction on the part of Tribunal may be on the basis of documents produced before him.‘ Thus, it became necessary to order recounting of votes.‘ l have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto.‘ It appears that the election tribunal formed, prima facie, opinion without coming to a definite conclusion that the‘re was irregularity in counting of votes. The election petition cannot be decided lightly in such a manner, as the elected candidate has support of electors, who have chosen him as their representative. 5. In view of foregoing, without expressing any opinion on the merits of the case, the order of recounting of votes passed on 21—5-2010 ’(Annexure — P/1) is quashed. The election tribunal is directed to consider the cases of the patties after examining the facts and come to a definite conclusion that there was irregularity or deficiency before ordering recounting of votes as early as possible. 6. In the result, the writ petition is allowed to the extent indicated above. No order asto costs. ,\ Sd/— SATISH K. AGM‘HOTRI I Judge i Gowri , ‘R/