RAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) CHALLENGE in the present revision petition, filed under Section 115 CPC, is to the order dated 26.10.2012 (Annexure P3) whereby the Civil Judge (Jr.Divn.) Naraiangarh, has dismissed his challenge to the election of respondent No.4 as a Member of the Panchayat Samiti, Shehjadpur, Tehsil Naraiangarh District Ambala.

(2.) THE election was held on 06.06.2010 and the counting of votes was held on 26.06.2010. The petitioner has alleged to have received 881 votes whereas the elected candidate got 903 votes. The election petition was filed for declaration that the petitioner should have been elected as he had secured the maximum number of votes and the election of the elected respondent should be annulled and relief of recounting of the votes was sought on the ground that recounting had been requested to the Returning Officer but only recounting had taken place in booths No.92 and 93 and more than 20 invalid votes had been taken into account of the elected respondent by the election staff.

(3.) THE defence of the State was that counting had been done in a proper and legal manner and request had been made of recounting of booths No.92 and 93 only and the same was done and the petitioner was fully satisfied with the same. He never raised any dispute or objection to the Presiding Officer or the Returning Officer. The said factum was never controverted by filing any replication. The petitioner only examined himself as PW1 whereas as many as 3 witnesses were examined by the respondents. The Trial Court noticed that as per the crossexamination of the petitioner, he had admitted that he had only asked for recounting in booths No.92 and 93 and 3 votes from both the booths were deleted from the account of the elected candidate. Accordingly, keeping in view the observations of the Full Bench of this Court in Radha Krishan Vs. Election Tribunal -cum -Sub -Judge, Hissar, 1999 4 RCR(Civ) 79, it was held that recounting cannot be ordered on the asking and a specific case has to be made out. Accordingly, the election petition was dismissed by the Trial Court. The said view has been upheld by the Lower Appellate Court in the appeal filed by the petitioner on 01.03.2013 (Annexure P4), which is also subject matter of challenge.