JAGBIR SINGH Vs. L D GUPTA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India seeks the quashing and setting aside the orders dated May 2, 1984 and May 16, 1984 passed by the Competent Authority (Election).

(2.) The elections to the Gaon Sabha Nanalcheri were held on December 25,1983. The elections were conducted under the provisions of the Delhi Gram Panchayat Act, 1954 (hereinafter referred to as the Act) and Gram Pacchayat Rules, 1959 (hereinafter referred to as the Rules). Shri J.N. Malhotra was the Returning Officer for Circle 14 (Chhawla) of which Gaon Sabha Nanakheri forms a part. Shri J.P. Sharma, resppndent No.6 was appointed as the Presiding Officer for conducting the elections and counting the votes. After the polling had taken place, the ballot boxes were opened by the Presiding Officer, respondent No. 6, in the presence of the contesting candidates or their agents. As a result of the counting, the petitioner secured 133 valid votes and respondent No. 3 secured 132 valid votes.

(3.) The Presiding Officer filed in the returns in the prescribed manner and forwarded the same to the Returning Officer. The Returning Officer issued a notice dated December 27. 1983 informing the candidates at the elections that be would re-count the votes of Pradhan of Gaon Sabha, Nanakheri in the interest of justice and fair play at 11 a.m. on December 31, 1983. In the meantime, the petitioner filed a suit in the Court of Shri J.D. Kapoor, Additional District Judge, Delhi and obtained a stay of the recounting of the votes by the Returning Officer. The Returning Officer, however, declared the result on December 31.1983 and declared the petitioner as elected as Pradhan, Gaon Sabha Nanakheri.