SURAJ SINGH Vs. S. TEK SINGH KULAR

JUDGEMENT

(1.) THE brief facts of the case are that in January 1993, election of the office of Sarpanch of Gram Panchayat, Sangat Kalan, was held and the Petitioner was declared elected. One Baljeet Singh filed an election petition and the same is allowed and by recounting Baljeet Singh was declared elected. In appeal, learned Additional District Judge has observed that recounting without prior notice to the parties is illegal. Petitioner filed CWP No. 9291 of 1994 in this COCP No. 856 of 1995 Court and this Court vide order dated 15.12.1994 has held that recounting is illegal, therefore, election petition should be decided afresh on merits and has remitted back the matter to the Respondent for deciding the same on merit. Vide order dated 04.05.1995, Respondent again decided the election petition after illegal recounting in violation of orders passed by this Court.

(2.) IN reply by way of affidavit at para No. 6 and 7, Respondent specifically averred that he has decided the election petition as per law and as per directions of this Court.

(3.) PRESENT petition is dismissed.