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M. Seshagiri Rao Vs. K. Prabhakara Rao and anr. - Court Judgment

LegalCrystal Citation
CourtSupreme Court of India
Decided On
Judge
Reported in(1982)2SCC78
AppellantM. Seshagiri Rao
RespondentK. Prabhakara Rao and anr.
Excerpt:
- .....dated april 9, 1980, we had ordered the re-counting to be done by the registrar with the help of tellers appointed by us and officers of the court.  2. the registrar has submitted his report and according to the re-count, it appears that respondent 1 has won by 162 votes. in these circumstances therefore, as the appellant had agreed to abide by the result of the report, we dismiss civil appeal no. 2043 of 1979. there will however be only one set of hearing fee in both the appeals (cas nos. 1321 and 2043 of 1979).  3. since respondent 1 has succeeded, he will be entitled to his allowances from the date of the judgment in the high court up-to-date.  4. the appellant had already deposited rs 20,000 as expenses for re-counting but as expenses have exceeded this limit, the.....
Judgment:

S. MURTAZA FAZAL ALI, J.—

1. By our Order dated April 9, 1980, we had ordered the re-counting to be done by the Registrar with the help of tellers appointed by us and officers of the Court.

 2. The Registrar has submitted his Report and according to the re-count, it appears that Respondent 1 has won by 162 votes. In these circumstances therefore, as the appellant had agreed to abide by the result of the Report, we dismiss Civil Appeal No. 2043 of 1979. There will however be only one set of hearing fee in both the appeals (CAs Nos. 1321 and 2043 of 1979).

 3. Since Respondent 1 has succeeded, he will be entitled to his allowances from the date of the judgment in the High Court up-to-date.

 4. The appellant had already deposited Rs 20,000 as expenses for re-counting but as expenses have exceeded this limit, the appellant is directed to pay a sum of Rs 5000 more within two weeks from today. After the final accounts are made, if any balance remains, the same will be refunded to the appellant.

 5. We had fixed a consolidated fee of the teller at Rs 1000 each but as the re-counting took two more days, we enhance the fee from Rs 1000 to Rs 2000 in case of each teller. We also fix an honorarium at the rate of Rs 1000 to the Registrar (Judicial) who was appointed as Returning Officer, Rs 300 to each of the officers who assisted him and Rs 100 to the peons.

 6. The Registrar will furnish detailed statement of accounts to the appellant.


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