AMIT Vs. RAKAM SINGH

JUDGEMENT

(1.) Through the instant writ petition, the petitioner seeks the quashing of the order dtd. 10/11/2023 (Annexure P-3), wherebys the Election Petition filed by the respondent No.1 under Sec. 176 of the Haryana Panchayati Raj Act, 1994 (for short the Act of 1994), was partly allowed. Moreover, the petitioner also seeks the quashing of the order dtd. 12/3/2024 (Annexure P-4), whereby the appeal filed by the present petitioner against the order supra order dtd. 10/11/2023 became dismissed by the learned appellate authority concerned.

(2.) The elections to the post of Sarpanch of Gram Panchayat Khalila Majra under the Act of 1994 were notified through the apposite notification, whereafter the nomination papers were to be filed by the candidates concerned, before the Returning Officer concerned. The said election program was notified to commence on 14/10/2022, and, to end on 19/10/2022. The scrutiny of the nomination papers was done on 21/10/2022 and the symbols were allotted to the candidates. It is further averred that the polling of the votes and the counting of the votes, was to be done on 2/11/2022, and, that the declaration of results was also to be done on the said date. The petitioner and respondent No.1 both got 302 and one vote was NOTA, and, the petitioner was declared as winner on the basis of draw of lots.

(3.) Respondent No. 1 Rakam Singh filed an Election Petition under the Act of 1994 seeking relief thereins, to set aside the election of the petitioner, as Sarpanch of the Gram Panchayat concerned, and, with a consequential relief of declaring him, as the winner for the post of Sarpanch of the Gram Panchayat concerned. It was also prayed therein, that respondents No. 2 and 3 be restrained from giving charge to the petitioner as Sarpanch of the Gram Panchayat concerned.