NEERAJ AGGARWAL Vs. HARPHOOL CHAND

JUDGEMENT

(1.) PRESENT petition has been filed assailing the judgment and order dated 20.1.2015 passed by the Election Tribunal/Additional District Judge, Vikas Nagar, District Dehradun in Election Petition No. 76 of 2013, Harphool Chand v. Neeraj Aggarwal and others, whereby learned Election Tribunal was pleased to direct recounting of votes.

(2.) BRIEF facts of the present case, inter alia, are that election of the President of Municipal Board, Vikas Nagar, District Dehradun was held on 28.04.2013, wherein present petitioner and respondent nos. 1, 2, 3, 4 and 5 were the candidates. Counting of votes was held on 30.04.2013, wherein present petitioner was declared elected by the margin of 6 votes. Election petitioner/respondent no. 1, herein, has filed Election Petition No. 76 of 2013, under Sections 19 - 20 read with Section 28 of the U.P. Municipalities Act stating therein that in the election so held total 11 postal ballots were received, however, postal ballots were not authenticated by the Head of the Department, therefore, could have not been counted while 5 such invalid postal ballots were counted in favour of the returned candidate illegally; there was a big difference in the total ballots/votes casted in a particular ballot box, as mentioned by the election officer at the time of polling and taken out from the ballot boxes at the time of counting, as mentioned by the Returning Officer; tabulations prepared by the Returning Officer of few tables do not contain either initial or signature of the Returning Officer; cuttings/over -writings were made in the entries without there being any initial; initially the election petitioner was declared elected, however, all of a sudden, the petitioner, herein, was declared elected by the margin of 6 votes under the pressure of the ruling party by making manipulation in the election record; election petitioner has moved an application at the time of counting itself pointing out the illegality being made during the counting, whereupon only invalid ballot papers were re -counted and second application moved for re -counting was rejected. Petitioner, herein, has filed the written statement refuting the allegations made by the election petitioner.

(3.) LEARNED Election Tribunal was pleased to frame four issues in the light of the pleadings of the parties, as under :