Gujarat High Court
Gitaben Khodabhai Parmar vs Meenaben Amitbhai Parmar & 2 on 13 December, 2017
Author: Akil Kureshi
Bench: Akil Kureshi, A.Y. Kogje
C/SCA/22146/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 22146 of 2017
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GITABEN KHODABHAI PARMAR....Petitioner(s)
Versus
MEENABEN AMITBHAI PARMAR & 2....Respondent(s)
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Appearance:
MR SHAKEEL A QURESHI, ADVOCATE for the Petitioner(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 13/12/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The petitioner has challenged an order dated 09.11.2017 passed by the learned Principal Civil Judge, Kheda, below application Exh.21 in Election Petition No.3 of 2017. The petitioner had contested in the election to the post of Sarpanch, village:Vavdi. Upon counting of votes, the petitioner was declared to have received 392 votes. Successful candidate Minaben Parmar has received 504 votes. Yet another candidate Minaxiben Shenva who has received 406 votes. The petitioner filed the said election petition, in which, by way of interim order, she prayed for recounting of votes. Her application Exh.21 came to be dismissed by the learned Judge by Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Dec 13 23:00:31 IST 2017 C/SCA/22146/2017 ORDER the impugned order. The learned Judge noted that there was no evidence to call for recounting. The margin between the election petitioner and the returned candidate was of 112 votes. Learned Judge was of the opinion that without sufficient evidence at an interim stage, recounting cannot be ordered. Learned Judge relied on the decision of the Division Bench of this Court in case of Javantiben Bhikaji Thaveracha v. Rangaben Manaji Thaveracha reported in 2003 (2) G.L.H. 306.
2. We do not find any legal error in the impugned order. There is no material on record establishing requirement of recounting. The learned Judge correctly placed reliance on the decision of this Court in case of Javantiben Bhikaji Thaveracha (supra) in which, referring to various judgments of the Supreme Court and this Court, the law on ordering recounting of votes in an Election Petition was discussed.
3. In the result, this petition is dismissed.
(AKIL KURESHI, J.) Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Dec 13 23:00:31 IST 2017 C/SCA/22146/2017 ORDER (A.Y. KOGJE, J.) ANKIT Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Dec 13 23:00:31 IST 2017