RAJWATI Vs. RAJESH KUMARI

JUDGEMENT

(1.) THIS revision petition has been filed to quash the order dated 24.7.1995 passed by the Additional Senior Sub Judge, Nuh, in exercise of his powers under Section 176(4) of the Haryana Panchayati Raj Act, 1994 (for short 'the Act').

(2.) IN the election held for the office of Sarpanch, Gram Panchayat, Kurthala, tehsil Nuh, district Gurgaon, on 29.12.1994, the petitioner was declared elected as Sarpanch on having secured 415 votes as against 414 votes secured by respondent No. 1. An election petition under Section 176 of the Act filed by respondent No. 1 for challenging the election of the petitioner is pending in the Court of Additional Senior Sub Judge, Nuh. By the impugned order, learned Additional Senior Sub Judge has ordered recount of the votes polled in the election.

(3.) BY virtue of seventy-third amendment of the Constitution, Part IX and Part IX-A have been added. Part IX relates to Panchayats and Part IX-A relates to Municipalities. Article 243-B mandates that Panchayats at the village, intermediate and district levels shall be constituted in every state except that Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs. Article 243-C empowers the State Legislature to make law with respect to the composition of Panchayats. Rule 243-K relates to the elections of the Panchayats. This Article envisages constitution of a State Election Commission with wide powers vesting in the State Election Commission in relation to the election of the Panchayats. Clause (4) of this Article confers powers on the State Legislature to make law with respect to the matters relating to the elections of the Panchayats. In exercise of its powers under Articles 243-C and 243-K, the Legislature of the State of Haryana has enacted the Haryana Panchayati Raj Act, 1994. Chapter XX of this Act contains provisions relating to elections. Section 176 of the Act contains provisions regarding determination of the validity of the election. This section reads as under :-