RAGHVIR SINGH Vs. ADDITIONAL DISTRICT JUDGE, SONEPAT

JUDGEMENT

(1.) The petitioner impugns two orders dated April 23, 1984 and October 11, 1984 (Annexure P.1 and P.2) passed by the prescribed Authority and the Appellate Authority, respectively whereby his election as Sarpanch held on June 27, 1983, has been set aside. The ground found established for setting aside the election is that at least four votes, Exhibits P.6 to P.9, were void as these voter had voted twice on account of their names figuring at two places in the voters' list. It is the undisputed position that the petitioner was declared elected by a margin of four votes over and above his rival, respondent No. 3 whereas the petitioner secured 589 votes, respondent No. 3 secured 585 votes. Strange as it may seem, neither of the two authorities has recorded a finding that the above noted four void votes were polled in favour of the petitioner not the learned counsel for the respondents who have the original election record with them are in a position to refer to any material or document which can conclusively show that the said votes were cast in favour of the petitioner. In the absence of such a finding it is difficult to hold that the result of the election in question was in any way materially affected. Unless that is established, the election of the petitioner could not possibly be set aside.

(2.) For the reasons recorded above, I allow this petition and quash the orders Annexures P. 1 and 2 but with no order as to costs.