KARAN SINGH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This petition has arisen out of the election to Zila Parishad, Sonepat Block, Tehsil Sonepat, District Rohtak, which were held on February 16, 1965. There were three contestants to that election and out of them, two were to be elected. The petitioner was one of the contestants, while Tek Chand and Ram Narain were the other two contestants. Tek Chand secured 20 votes and was declared elected. The petitioner got 13 votes while Ram Narain, respondent No. 3, polled only 12 votes. It is alleged that the Presiding Officer counted invalid votes also in favour of Ram Narain, respondent No. 3, in spite of the protest from the petitioner and declared him elected by drawing lots. Against this, the petitioner filed an election petition before the Deputy Commissioner (hereinafter referred to as the Prescribed Authority). The votes were recounted and it was held by the Prescribed Authority that one vote had been illegally counted in favour of Ram Narain, respondent No. 3. A copy of the order of the Prescribed Authority is Annexure 'C' to the petition. Vide that order (copy Annexure 'C' to the petition), the Prescribed Authority ordered that the election to be held afresh under Section 121 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961. It is against this order of the Prescribed Authority that the present writ petition has been filed.

(2.) This petition was admitted on October 20, 1966, but the prayer for stay of operation of the impugned order was refused. By now, the new elections must have taken place. Moreover, the only remedy under Section 121(2) of the Act, is re-election. It reads as follows :

(3.) For the reasons recorded above, this petition fails and the same is dismissed, but no order as to costs. Petition dismissed.