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HC disposes writ petition, orders recount of votes in Ward 1 of Betalbatim p’yat

the goan I network

MARGAO

Two years and eight months after panchayat elections were held on June 11, 2017, the State Election Commission will recount the votes in Ward No 1 of Betalbatim village panchayat as per the conditions laid down by the High Court.  

The recount will be video filmed by the State Election Commission and the expenses will be borne by the parties to the dispute “ Inacio Mariano Fernadnes (petitioner) and Minu Antonio Fernandes (respondent).  

While disposing of a writ petition filed by Inacio Mariano Fernandes, after the petitioner and the respondent Minu Antonio Fernandes reached a consensus, the High Court issued a host of directions to the authorities, on how to go about recounting of votes.  

The Commissioner, Goa State Election Commission, has been told to nominate appropriate number of officials, other than those who had conducted the earlier election, to recount the votes of Ward 1.   

Secondly, the officers thus appointed by the Commissioner will first segregate the votes ward-wise as the ballot papers of each ward have the ward number mentioned on the reverse. 

To be explicit, the officials will first identify the ballot papers of each ward based on the number mentioned on them and then count the votes of Ward 1.   

 As the first respondent apprehends that the petitioner may drag the proceedings, the High Court has directed the Commissioner to ensure that the entire process described above will be concluded in one month from the date this judgment is uploaded.   

 As the petitioner insisted on a video recording, directions were issued to the Commissioner to direct the officials concerned to video record the proceedings as both the petitioner and the first respondent have agreed to bear the expenditure together.   

 In this case, the petitioner Inacio Mariano Fernandes had contested the gram panchayat elections as a ward member. His rival contender Minu Antonio Fernandes was the first respondent. 

The petitioner lost and preferred a petition before the Election Tribunal, complaining of various things.   

 The petitioner lost the election by four votes; that is, the airplane lost. In the second ward, the candidate with the airplane symbol won. 

As the margin was small, the petitioner contended that election officers were biased. 

They have, he alleged, illegally transferred twenty votes from his lot to the candidate having the same symbol in the second ward. Thus he lost the election. 

Complaining thus, the petitioner filed an election petition before the Administrative Tribunal. 

Among other things, he alleged that the ballot papers of his ward got mixed with those of the neighbouring ward.   

 Respondent Minu Antonio Fernandes, on the other hand, had contested the election petition, saying the petition lacked cause of action.  

 The High Court ordered the recount of votes when Minu Antonio’s lawyer, Adv B Rodrigues told the judge that his client, Antonio Fernandes is willing to have one more recounting even in the presence of a different election officer on a condition that the petitioner should not drag the proceedings under the guise of recounting.  

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Big setback for Goa; SC nod for notifying Mhadei award

K’taka claims victoryGoa hopeful of REVIEW PETITION outcome

The Goan Network
Published Feb 21, 2020, 3:02 AM IST
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the goan I networkPANAJIIn a setback to Goa, the Supreme Court of India on Thursday allowed the Karnataka government’s plea that the Mhadei Tribunal award be notified by the Central government.  Karnataka claimed Thursday’s decision of the Apex court was a major victory for it in the long drawn battle, while the Goa government clutched on to the fig leaf that the court has agreed to hear its challenge of the Tribunal’s award in July.   The State…

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