PRITHVI SINGH Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) The petitioners filed this petition on the 3rd July, 1983 under Articles 226 and 227 of the Constitution of India for the issuance of a writ of mandamus or Certiorari directing the Deputy Commissioner, Hissar, respondent No 2, to hold fresh election of the Gram Panchayat, Sisar, tehsil Hansi, district Hissar.

(2.) The facts leading to the filing of this petition, on which there is no serious dispute, are that the polling for the election to the office of Sarpanch and panches for the Gram Panchayat Sisar, was held on 27th June, 1983, as per the schedule already notified. After the polling, at the time of preparation of the ballot-papers' account, it was detected that 100 unused ballot-papers each for the office of Sarpanch and panches which had not been issued to the electors by the Presiding Officer, were missing. Subsequently, on opening of the ballot-boxes and during the counting of votes, it was detected that 100 ballot-papers for the office of Sarpanch. which were missing. were found in four packets of 25 each in the votes cast in favour of Bharat Singh respondent No. 5.

(3.) Likewise, out of the 100 ballot-papers meant for the office of panches, 84 ballot papers were found in the votes of Azad Singh respondent No. 15, 7 ballot papers in the votes of Chhotu Ram respondent No. 18, and one ballot-paper in the votes of Rajkumar respondent No. 14. The remaining 8 ballot-papers, however, could not traced out.