JITENDER SINGH Vs. HARVINDER SINGH

JUDGEMENT

(1.) Petitioner-Jitender Singh has approached this Court by way of filing the present petition under Articles 226/227 of Constitution of India for issuance of a writ in the nature of certiorari for quashing of impugned order dated 19.02.2018 (Annexure P-6) passed by the Additional Civil Judge (Senior Division), Samalkha. A further prayer has also been made for setting aside the election of respondent No.1 (Harvinder Singh) who was declared elected as Sarpanch of Village Dhansoli in the election held on 24.01.2016 and to declare the petitioner as Sarpanch.

(2.) Briefly, the facts of the case as made out in the petition, are that the election for Sarpanch of Village Dhansoli, Block Sanoli Khurd, Tehsil Bapoli, District Panipat (Haryana) was held on 24.01.2016. Two persons, namely, Jitender Singh (the present petitioner) and Harvinder Singh (respondent No.1) filed their nomination papers for contesting said election. The result was declared on the same date. The petitioner got 958 votes, whereas, respondent No.1 got 963 votes. There was a difference of five votes. Meaning thereby, respondent No.1, namely, Harvinder Singh was declared elected by a margin of five votes.

(3.) The election of respondent No.1 was challenged by the petitioner by way of filing the Election Petition before the Additional Civil Judge (Senior Division)-cum-Election Tribunal, Samalkha by raising various grounds.