NAZAR SINGH Vs. DHANNA SINGH

JUDGEMENT

(1.) THIS is a Civil Revision filed by Shri Nazar Singh and it has been directed against the order dated 1.7.1999, passed by the Presiding Officer, Election Tribunal (Deputy Commissioner), Sangrur who, ordered for the recounting.

(2.) SOME facts can be noticed in the following manner. The election of Sarpanch of village Dialgarh, took place in the year 1998. Votes were polled and finally Shri Nazar Singh was elected as Sarpanch with a minimum margin of one vote against the rival candidate Shri Dhanna Singh who was never satisfied with the declaration of the result and he filed the election petition before the Election Tribunal under the Gram Panchayat Act. It was alleged by Shri Dhanna Singh that after counting of the votes he was declared elected by a margin of five votes but Nazar Singh in connivance with respondent No. 2, Shri Gurcharan Singh, got the recounting of votes in his absence and got 50 votes declared as cancelled whereas in the earlier counting there were 40 votes as cancelled. Dhanna Singh has alleged that in his absence, 6 votes caste in his favour were cancelled and he was declared defeated by one vote. Dhanna Singh has also alleged the Nazar Singh has committed corrupt practice.

(3.) THE parties produced evidence. The Presiding Officer of the Election Tribunal for the following reasons allowed the recounting and gave the direction to the S.D.M. to submit his report on the next date of hearing :