JALAUR SINGH Vs. BALWINDER SINGH

JUDGEMENT

(1.) This appeal is directed against order dated 4.9.2009 passed by the Election Tribunal, Moga whereby, an election petition filed by Balwinder Singh (respondent No. 1), on the ground of recounting of votes, has been allowed and he has been declared to have been elected.

(2.) Briefly stated, the election of the Panches for the Gram Panchayat, Karyal, Tehsil and District Moga, was held on 26.5.2008 in which the appellant was declared elected and respondent No. 1 was declared defeated, as the appellant had secured 295 votes and respondent No. 1 had polled 293 votes. Respondent No. 1 challenged the election of the appellant by filing an election petition under Section 76 of the Punjab Gram Panchayat Act, 1994 and prayed for recounting. Vide order dated 10.7.2009, the Election Tribunal, Moga ordered recounting of votes on 17.9.2009 at 10.00 AM in his Court by District Revenue Officer, Moga and District Development and Panchayat Officer, Moga. The appellant challenged the said order by way of Civil Revision No. 3888 of 2009, which was dismissed by this Court on 16.7.2009 observing that no ground to exercise jurisdiction under Article 227 of the Constitution of India was made out to interfere in the order dated 10.7.2009 passed by the Tribunal.

(3.) Then in terms of the order dated 10.7.2009, votes were recounted by the aforesaid two persons, out of which, authority of one person, namely, Jitender Singh, SDO, Punjab Mandi Board was challenged by the appellant on the ground that he has been inimical to him. The said application was allowed by the tribunal on 19.8.2009 and in his place District Revenue Officer, Moga and District Development and Panchayat Officer, Moga were directed to recount the votes which were found to be 294 in favour of respondent No. 1 and 292 in favour of the appellant. The election of the appellant was, thus, set aside and respondent No. 1 was declared to have been elected.