BALDEV SINGH Vs. SHINDER PAL SINGH

JUDGEMENT

(1.) Leave granted.

(2.) An election for the post of Sarpanch and Panches of the Gram Panchayat, Village Ranish Khurd, District Moga was held on 29.6.2003. Total votes polled in both the elections were shown to be 836. The Returning Officer found that both Appellant and Respondent No. 1 had polled 412 votes each. Respondent No. 2 herein is said to have got 4 votes. 8 votes were rejected. Allegedly, a recounting was done. The result of recounting was same as that of the first one. Returning Officer recorded the said statement in the statutory Form No. IX prescribed in terms of Rule 33(2)(e) of the Punjab Panchayati Election Rules, 1994. The total number of votes polled was found to be 836 even in the election of the Panches. Indisputably, election was held under the Punjab Panchayati Raj Act, 1994. The State of Punjab in exercise of its power conferred upon it under the said Act, framed rules known as Punjab Panchayat Election Rules, 1994 (for short, the Rules). The relevant provisions of the Rules are as under:

(3.) The Returning Officer drew lots with written consent of both the candidates, i.e., Appellant and Respondent No. 1. Appellant was declared elected as Sarpanch of the Gram Panchayat. However, immediately prior thereto, the supporters of 1st Respondent allegedly raised a hue and cry, as a result whereof, the Returning Officer could not enforce his decision. He immediately sent a fax message to the Deputy Commissioner, Moga seeking his advice in the matter stating: