MAHENDER SINGH Vs. HUKAM SINGH

JUDGEMENT

(1.) This order of mine will dispose of Civil Miscellaneous Nos. 4-E and 35-E of 1992 and also the interim order Election Petition No. 4 of 1992.

(2.) Skeletal facts necessary to dispose of the aforesaid civil miscellaneous applications and interim order election petition are :- In the election to '43 Rohat' Constituency of Haryana Vidhan Sabha, 19796 valid votes were polled in favour of the petitioner while 19834 valid votes were polled in favour of respondent No. 1-the returned candidate. 14062 valid votes were polled in favour of other Respondent i.e. other candidates. Respondent No. 1-the returned candidate was declared elected by a margin of 38 votes. Application for recount by the petitioner was declined by Returning Officer inter alia on the ground that it was made after declaration of the result.

(3.) The election of the returned candidate was challenged through an election petition on various grounds including the grounds of improper reception of invalid votes in favour of the returned candidate improper rejection of valid votes of the petitioner as well as counting of the votes of the petitioner as those of the respondents. A recount of votes was sought with a prayer that on recount, the petitioner having received majority of valid votes, be declared elected.