RAJ KUMAR Vs. MUKHTYAR SINGH

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 15.12.2010, Annexure P5, passed by learned Additional Civil Judge, Senior Division, Palwal, vide which election petition filed by the Petitioner under Section 176(4) of the Haryana Panchayati Raj Act, 1994 (hereinafter to be called as 'Haryana Act') to declare him as Sarpanch, Gram Panchayat, Gopalgarh, Tehsil Hodal, District Palwal in place of Respondent No. 1-Mukhtyar Singh, who has been illegally and arbitrarily declared as Sarpanch by Returning Officer by holding draw of lots, was dismissed on the ground of maintainability.

(2.) I have heard learned Counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned Additional Civil Judge, Senior Division, Palwal.

(3.) Facts relevant for the decision of present revision petition are that election of Gram Panchayat, Gopalgarh, Tehsil Hodal, District Palwal was held on 6.6.2010 in pursuance of declaration by the Government of Haryana in the month of May 2010. Petitioner and Respondent No. 1 to 8 intend to contest the election for the post of Sarpanch of Gram Panchayat Gopalgarh. Respondent No. 1 was declared as elected Sarpanch of the Gram Panchayat. Petitioner filed CWP No. 10971 of 2010 before this Court challenging the election, which was disposed of with liberty to file election petition under Section 176(4) of the Haryana Act. Thereafter, the present petition was filed by the Petitioner, notice of which was given to Respondents, who filed an application, Annexure P3, for dismissal of petition on the plea that the same has not been filed by the Petitioner in person as required by the law. The application was contested by present Petitioner. Learned Additional Civil Judge, Senior Division, Palwal, allowed the said application filed by Respondent and dismissed the election petition filed by present Petitioner on the ground of maintainability by observing as under: