SHAMSHER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shamsher Singh has filed this petition under Articles 226 and 227 of the Constitution of India, for the issuance of an appropriate writ, order or direction, quashing the election of Jai Singh, respondent No. 4, as Chairman of the Market Committee, Ambala City, with a farther prayer that the petitioner be declared as duly elected Chairman of the said Committee. The facts of this case, as given in the petition, may briefly be stated thus :-

(2.) Written statement has been filed on behalf of respondent No. 1 by Shri Kulwant Singh, Deputy Secretary.

(3.) It was contended by Mr. I.S. Saini, learned counsel for the petitioner, that the provisions of Rule 8(4) were mandatory, that no mark other than the one prescribed by that rule could be put by a voter and that any ballot paper not complying with the provisions of Rule 8(4) had to be rejected. On the other hand, it was contended by Mr. Gokal Chand Mittal, learned counsel for respondent No. 4, whose contentions were adopted by the learned Assistant Advocate General appearing for respondents 1 and 3, that the provisions of sub-rule (4) of Rule 8, were not mandatory, and the same were controlled by the provisions of Rule 9, that any mark could be put by a voter to show as to in whose favour he had cast his vote and that the vote was liable to be declared invalid on the grounds mentioned in Rule 9.