BHARAT SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) CAN a recount of the votes in an election of a Gram Panchayat held under the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Haryana Act, 1994') read with the Haryana Panchayati Raj Election Rules, 1994 (hereinafter referred to as 'the Haryana Rules, 1994') and the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Punjab Act, 1994') and the Punjab Panchayat Election Rules, 1994 (hereinafter referred as to 'the Punjab Rules, 1994') be granted only on the asking of the election petitioner without there being adequate averments in the pleadings and in the absence of any contemporaneous evidence to substantiate the allegations made in the petition, is the important question of law which calls for determination in this writ petition.

(2.) THIS judgment shall dispose of Civil Writ Petitions Nos. 5690, 6541, 7270, 7665, 9871, 10058, 10610 and 12267, all of 1995, under the Haryana Act, 1994, and Civil Writ Petitions Nos. 5862, 6234 and 6532, all of 1995, under the Punjab Act, 1994.

(3.) FACTS are taken from Civil Writ Petition No. 9671 of 1995. Shortly stated, the same are; Election of Gram Panchayat of village Staundi, Tehsil and District Karnal, was held on 15 -12 -1994 and the writ petitioner was elected as the Sarpanch. Respondent No. 1 (hereinafter referred to as 'the election petitioner'), claiming to be a voter in the Gram Panchayat and a supporter and an agent of respondent No. 11, one of the rival candidates, filed an election petition under S. 176 of the Haryana Act, 1994, in the Court of the Senior Sub -Judge, Karnal. Which was later on assigned to the Court of the Sub -Judge Ist Class, Karnal. Election was challenged mainly on the grounds of irregularities and illegalities. It was also alleged that some ballot papers were printed on both the sides and the process issued by the Government / Election Department was illegal. Allegations regarding lapses in counting were also incorporated although the same were lacking in particulars.