ISRAIL Vs. HUSAIN KHAN AND ANR.

JUDGEMENT

(1.) As a result of an election -petition filed under Sec. 13 -B and C of the Punjab Gram Panchayat Act, as applicable to the Sate of Haryana, the Petitioner was declared elected as Sarpanch of village Ghaghas by the prescribed authority vide his order dated 22nd February, 1979. This conclusion was recorded by the said Authority as a result of re -count of votes polled by the two adversaries. As is apparent from the said order dated 22nd December, 1979, the Respondent had agreed to the re -count of the votes when he made a statement to the following effect:

(2.) The argument of the learned Counsel for the Petitioner that there was nothing in law against the agreed course adopted by the parties before the prescribed authority and a reference to a judgment of their Lordship of the Supreme Court in Sukhadi Raj v/s. Ram Harsh : A.I.R. 1977 S.C. 681 in that regard was negatived by the learned District Judge with the following observations:

(3.) In the light of the authority (supra) of the Supreme Court, I find that the appellate court whose order dated 7th March, 1980 is now impugned through this Petition under Article 226 of the Constitution of India, was not justified in upsetting the order of the prescribed authority and remanding the case for decision afresh.