office of Sarpanch in the Gram Panchayat Tildega was reserved for a Schedule Tribes candidate. The date of the election was 03.02.2020 and on the same date, the result was declared and the petitioner herein was declared elected. After the declaration of the result, an election petition was filed by respondent No. 8 under Section 122 of the CG. Panchayat Raj Adhiniyam, 1993 on the ground that there was an irregularity in the counting of votes at polling booth No. 61. It was specifically pleaded that respondent No. 1 of the election petition/Smt. Indu Sidar secured more votes than the returned candidate/Raymuni, but the counting was not done properly. It was also stated that the votes cast in favour of the election petitioner were counted in favour of the returned candidate; thus, the election petitioner sought to set aside the election of the returned candidate and to declare the election petitioner elected on the basis of number of votes. The returned candidate filed a reply and denied the contents. It was specifically pleaded by the returned candidate that there were no irregularities in the counting of votes particularly at polling booth No. 61. It was also stated that the exact figure was shown by the counting officer/returning officer at the time of counting to the candidates or their agents. Further, the election petitioner though secured less number of votes, challenged the election due to ulterior motives with malafide intentions. The Prescribed Authority framed issues. The parties led their evidence, but the returned candidate refused to adduce any evidence as per the order sheet dated 14.01.2020, whereas, the election petitioner examined herself. Respondent No. 6 who was the Presiding Officer of Polling Booth No. 61 was also examined.
