ASHOK KUMAR Vs. PARDEEP KUMAR & OTHERS

JUDGEMENT

(1.) Elected candidate Ashok Kumar (respondent no.1 before the trial Court) has filed this revision petition under Article 227 of the Constitution of India impugning orders dated 21.05.2013 Annexure P-7 and P-8 thereby allowing application Annexure P-5 filed by respondent no.1- Pardeep Kumar-election petitioner under Section 176(4)(b) of the Haryana Panchayati Raj Act, 1994 (in short, the 'Act') and thereby ordering scrutiny and computation of votes polled at booth no.12 of ward no.7 in election of Member of Block Panchayat Samiti of Block Sirsa held on 06.06.2010.

(2.) Respondent no.1 has filed election petition Annexure P-1 challenging the election of petitioner-Ashok Kumar as Member of aforesaid Block Panchayat Samiti on various grounds. One of the grounds is that at booth no.12, rubber of the marking stamp of ballot papers had been removed resulting in rejection of 421 ballot papers/votes polled at the said booth as against rejection of 675 votes in all in the entire constituency. The election petitioner sought recounting and scrutiny of the ballot papers to determine that the rejected votes of the aforesaid booth had in fact been polled in favour of the election petitioner.

(3.) The elected candidate by filing reply Annexure P-6 opposed the application and denied the averments made therein.