SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sushil Kumar has approached this Court with a prayer that he was declared as an elected Panch and a certificate of election was issued in his favour by the Returning Officer but thereafter, the official Respondents have wrongly administered oath of Panch to Respondent No. 7-Dharampal. Therefore, a writ in the nature of certiorari be issued and the result-sheet (Annexure P-2), which was wrongly filled-in, be quashed.

(2.) Briefly stated, the election of Gram Panchayat Singhpura, Tehsil and Block Safi-don, District Jind was held on 6th June, 2010. The Petitioner-Sushil Kumar, Respondent No. 7-Dharampal and one Krishan contested for the post of Panch pertaining to Booth No. 151, Ward No. 7 of Gram Panchayat Singhpura. Case of the Petitioner is that he secured 78 votes, Respondent No. 7-Dharampal secured 56 votes and the third candidate namely Krishan secured only 3 votes, whereas 6 votes were declared invalid. Thereafter, the Returning Officer issued an electio certificate (Annexure P-1) of Panch in Form No. 21-B in favour of the petitoner. Grievance of the Petitioner is that the result sheet (Annexure P- 1) declaring the Petitioner as a Panch of Ward No. 7, Booth No. 151 was also sent to the Block Development and Panchayat Officer, Safidon by Respondent N0.6. However, against the record, the name of Respondent No. 7-Dharampal was shown as an elected Panch instead of the Petitioner and on the basis of Form No. 14, which was result sheet, Respondent No. 7 has been declared as elected. It is stated that the result was manipulated. The votes secured by the Petitioner were shown as the votes secured by Respondent No. 7 and on the basis of that, oath had been wrongly administered to Respondent No. 7.

(3.) Mr. Vikram Singh Dhakla, Advocate appearing for Respondent No. 7, has seriously disputed these facts and has stated that the result sheet (Annexure P-2) depicts true election result and the Returning Officer had committed a fraud by declaring the Petitioner as elected and thus, issuance of election certificate of Panch in favour of the Petitioner is a fabricated and forged document. It is further stated that the Deputy Commissioner-cum-District Election Officer, Jind held an enquiry and found that the election certificate (Annexure P-1) issued in favour of the Petitioner was not genuine and he also ordered registration of an FIR against the Returning Officer.