GIAN CHAND Vs. BINDER SINGH

JUDGEMENT

(1.) This order shall dispose of two appeals bearing FAO No. 3015 of 2010 (O&M) titled as Gian Chand Vs. Binder Singh (first appeal) and FAO No.3016 of 2010 (O&M) titled as Kathu Ram Vs. Sukhdev Singh and others (second appeal), which have arisen from the order passed by the Election Tribunal, Patiala, on the election petitions filed by the appellant in both the appeals under Section 76 of the Punjab State Election Commission Act, 1994 (for short,'the Act') read with Rule 50 of the Punjab Panchayat Election Rules, 1994 (for short 'the Rules').

(2.) In brief, the election was held on 26.5.2008, for constituting seven members panchayat of Gram Panchayat, Chandu, Tehsil Moonak, District Sangrur. The appellant in the first appeal contested the election in the general category whereas appellant in the second appeal contested in the reserved category. Result of the election was declared on the same date i.e. 26.5.2008 and the appellants in the first and second appeal were declared elected having secured 59 and 56 votes respectively as against their nearest rival/respondents who had secured 57 and 53 votes respectively. There was apparently difference of two/three votes in both the cases. Both the loosing candidates/contesting respondents filed the election petition before the Tribunal in which recounting took place on 13.6.2009 and the first appellant secured 57 votes and respondent No.1 obtained 59 votes and the second appellant secured 56 votes while the respondent in that case got 53 votes.

(3.) Against the impugned order of the Tribunal, the appellants preferred their respective appeals before this Court ie. FAO No. 1457 of 2009 titled as Gian Chand Vs. Binder Singh and FAO No. 1458 of 2009 Sukhdev Singh Vs. Kathu Ram which were allowed on 16.4.2009 and the cases were remanded back to the Tribunal for recounting of votes. This time, recounting was done in the presence of the Tehsildar in which Gian Chand secured 47 votes whereas respondent Binder Singh secured 53 votes and in the second appeal, Kathu Ram secured 53 votes and Sukhdev Singh secured 56 votes and as such, they were declared elected.