MOHINDER SINGH Vs. BHAGWAN DASS

JUDGEMENT

(1.) Through the instant writ petition, the petitioner herein, prays for the quashing of the judgment dtd. 7/10/2023 (Annexure P10), as passed by the learned Civil Judge (Jr. Divn.), Panipat-Election Tribunal under the Haryana Panchyati Raj Act, 1994 (hereinafter for short called as the Act of 1994) wherebys, the election of the petitioner to the office of Sarpanch, Gram Panchayat Ahar, District Panipat has been set aside by accepting the election petition filed by respondent No.1, besides seek the quashing of the judgement dtd. 28/5/2024 (Annexure P-12), as passed by the learned Addl. District Judge, Panipat-Appellate Authority under the Act of 1994, wherebys, the judgment rendered by the election Tribunal has been upheld. Resultantly, fresh elections were directed to be conducted to the seat of Gram Panchayat Ahar, District Panipat.

(2.) The petitioner contested the election for the Office of Sarpanch, Gram Panchayat Ahar, District Panipat alongwith seven other candidates. After counting of votes the petitioner was declared elected by a margin of 34 votes, having polled 1339 votes, whereas, his nearest rival i.e. respondent No. 1, thus polled 1305 votes. The petitioner was on 2/11/2022, thus issued the certificate qua having been elected as a Sarpanch of Gram Panchayat Ahar, rather by the Election Officer/Returning Officer.

(3.) Respondent No. 1 filed an election petition under Sec. 176 of the Act of 1994, for setting aside the election of the petitioner to the office of Sarpanch, Gram Panchayat Ahar, District Panipat. The said petition became allowed by the Election Tribunal vide judgment dtd. 7/10/2023. The operative part of the said judgment is extracted hereinafter.