KARAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner, Karan Singh, was declared elected as Sarpanch of village Maheshpur, now in district Panchkula, which was earlier part of District Ambala, on 19.12.1994 defeating his nearest rival Vijay Kumar by a margin of only one vote. Defeated candidate, Vijay Kumar filed petition Under Section 176 of the Haryana Panchayati Raj, Act, 1994. (Here in after referred to as 'The Act') in Civil Courts at Ambala, for setting aside the election of elected candidate Karan Singh. In the petition, the petitioner had prayed for re -counting of votes only and nothing beyond that. The request of election petitioner was allowed by Ms. Ritu Jhanji, the then Sub -Judge IInd Class, Ambala City, on 18.2.1995. She ordered re -counting of votes in Court. It was after the recounting of votes that the election petitioner was declared elected and the present petitioner was un -seated vide order dated 3.11.1995 of the Sub Judge 1st Class, Ambala City. Aggrieved against the order dated 3.11.1995 (Copy of which is Annexure P -l to the writ petition) vide which he was unseated, the petitioner filed the present petition for quashing the impugned order.

(2.) THE order has been assailed on the ground that the vote which has been declared invalid in fact was cast in favour of the petitioner and as such it should not have been rejected. The other plea is that the Court cannot order re -counting of votes.

(3.) MR . Bhandari contended that the voter had put the mark in the column of the petitioner and as such the vote cannot be rejected. He further reiterated that the re -counting of votes cannot be ordered without framing issues.