SADHU SINGH Vs. DARSHAN SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein contested an election held on 29.6.2003 to the post of Sarpanch of the Gram Panchayat of Village Bareh, Tehsil Budhlada in the State of Punjab. The appellant herein was declared elected. He won by a margin of 11 votes. The 1st respondent filed an election petition, inter alia, contending that while counting the ballot papers, 147 votes were wrongly rejected. It was further averred that the counting staff headed by the Presiding Officer intermingled about 25 ballots, which were polled in his favour in the bundles of the elected candidate and had the said votes been counted in his favour he would have been declared elected. By reason of an order dated 29.6.2004, the Election Tribunal directed recounting of the ballot papers. The validity of the said order was questioned by the appellant herein by filing a revision application before the High Court of Punjab and Haryana, which was numbered as Civil Revision No. 3194 of 2004. By reason of the impugned judgment, the said revision application has been dismissed.

(3.) Mr. C.L. Sahu, learned counsel appearing on behalf of the appellant, inter alia, would submit that the Election Tribunal and the High Court clearly committed an error in directing recounting of the votes. It was urged that while so directing the necessity to maintain secrecy of ballot papers which is sacrosanct, have been overlooked on frivolous, vague and indefinite allegations. There had, thus, been no adequate material, Mr. Sahu would urge, to direct recounting of the votes.