LAKHI RAM Vs. RAM SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 18th May, 1984 passed by the Additional District Judge, Sonepat confirming that of Illaqa Magistrate, Sonepat dated 25th January, 1984, whereby the election of petitioner Lakhi Ram as a Sarpanch was set aside.

(2.) The election of the Sarpanch of Gram Panchayat of village Mehandipur. Tehsil and District Sonepat was held on 27.6.1983. After the contest, the Returning Officer declared Lakhi Ram petitioner as the Sarpanch of the said Gram Panchayat and tabulated the result as follows :-

(3.) In the written statement filed on behalf of Lakhi Ram, all these allegations were denied. However, the Illaqa Magistrate with powers of the prescribed authority under the Act, ordered recounting of the votes on an application made by Ran Singh on September 20, 1983. It was found at that time that the election record had been tampered with, but after counting the votes it was found that the tabulation as given by Ran Singh in his election petition was correct. Ultimately vide judgment dated 25.1.1984, the prescribed authority set aside the election declaring Lakhi Ram as Sarpanch of the village on the ground that it was obvious that the election records have been tampered with and it could not be established as and when the election records have been tampered with. However, the plea of Ran Singh that he be declared as a Sarpanch was rejected. In appeal the learned District Judge confirmed the said order of the prescribed authority and thus maintained the order setting aside the election of Lakhi Ram. Dissatisfied with the same, Lakhi Ram has filed this present petition under Article 227 of the Constitution of India.