AJIT SINGH Vs. DHARI

JUDGEMENT

(1.) Election to the Gram Panchayat of village Pahalwan vis-a-vis Panches and Sarpanch was held on 8th of August, 1988. The petitioner and respondent No. 1 were the candidates for the election of the Sarpanch. The petitioner was declared successful and was elected Sarpanch.

(2.) Respondent No. 1 filed an election-petition under Section 13 of the Punjab Gram Panchayat Act, 1952 (Act No. 1V of 1953), challenging election of the petitioner. It was alleged by respondent No. 1 in his election petition that respondent No. 2 has taken into consideration wrong votes, therefore, there is necessity of recount of votes. It was also alleged that ballot papers which were not signed by the Presiding Officer ought to have been declared invalid but they have been counted in favour of respondent No. 1 has been declared to be invalid. It was thus prayed that the election petition be accepted that their recount be ordered and respondent No. 1 be declared as elected Sarpanch. Petitioner and respondent No. 2 contested the election petition and denied the allegations made by respondent No. 1 in his election petition. Illaqa Magistrate, Narwana, on the pleadings of the parties framed the following issues :-

(3.) All the three issues were found in favour of the petitioner and against respondent No. 1. Illaqa Magistrate vide order dated 5th of July, 1989, dismissed the election-petition. Being aggrieved of the order of the Illaqa Magistrate, respondent No. 1 filed an appeal before the Additional District Judge, Jind. The learned Additional District Judge vide impugned order accepted the appeal and remanded the case back to the Illaqa Magistrate for re-decision. He further directed that the Illaqa Magistrate shall get all the votes recounted in his presence and decide the election petition according to law.