JITENDRA Vs. HARI RAJ

JUDGEMENT

(1.) This is an appeal under Rule 47 of the U. P. Panchayats (Election of Adhyaksha and Upadhyaksha and Settlement of Election Disputes) Rules, 1994 (hereinafter referred to as 'the Rules of 1994') against the order dated 13.4.1998 passed by 4th Additional District Judge, Ghaziabad, in an Election Petition No. 21 of 1995 filed under Rule 33 of the Rules of 1994 whereby the election petitioner-Hari Raj-present respondent No. 1 was declared to have been duly elected as Adhyaksha Zila Panchayat, Ghaziabad.

(2.) Counter and rejoinder-affidavits have been exchanged. Heard Dr. R. G. Padia, learned counsel for the appellant and Sri N. K. Sharma. learned counsel for the respondent No. 1--Hari Raj.

(3.) An election to the office of Adhyaksha, Zila Panchayat. Ghaziabad, was held on 22.5.1995. Admittedly there are 28 members who were entitled to vote for electing the Adhyaksha out of whom 27 members participated in the election as one of the members was absent on account of illness. Out of the 27 votes polled and which were taken out from the ballot box, one ballot, paper was held invalid and the remaining 26 votes were shared between three contesting persons as follows : Joginder Singh 13 Hari Raj 12 Tek Chand 01 Joginder Singh was accordingly declared as duly elected Adhyaksha. Hari Raj--respondent No. 1 filed an Election Petition No. 21 of 1995 alleging that large scale bungling had taken place during the course of election and that counting was also not properly made and certain invalid votes were counted in favour of Joginder Singh. Learned 4th Additional District Judge, Ghaziabad found that two votes which were invalid had been counted in favour of Joglnder Singh and after excluding those two Invalid votes, he concluded that Joglnder Singh secured only 11 votes and since Hari Raj had secured 12 votes, he was declared elected. Necessary communication was transmitted to the concerned authorities as contemplated by Rule 45 of the Rules of 1994 and the order passed on the election petition took effect from 13.4.1998 as has been provided in Rule 44. Admittedly Hari Raj assumed the office of Adhyaksha and was administered oath on 17.4.1998.