MITHU SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) Elections to Panchayat Samiti, Bhaini Bagha, Zone 2, District Mansa were held on September 30, 1994. Mithu Singh, Ranjit Singh and three others contested the election as a member of the Panchayat Samiti from the said Zone. Counting of votes took place on October 1, 1994 at Gandhi School, Mansa. Total votes polled were 7962 out of which 759 votes were declared invalid. Mithu Singh polled 2357 votes as against 2319 polled by Ranjit Singh. The other candidates secured lesser votes and we are not concerned with them in this appeal. Mithu Singh having polled the highest number of votes was declared elected by 38 votes. Ranjit Singh his nearest rival having been defeated challenged the election of Mithu Singh by filing an election petition under Section 76 of the Punjab State Election Commission Act, 1994 (for shot, the Act). The election was challenged on a number of grounds but we are concerned here only with the grounds pertaining to improper counting and rejection of votes. The averments in the election petition in this regard are contained in sub-paras (d), (e) and (f) of para 6 of the petition and it will be useful to reproduce them at this stage :-

(2.) From the pleadings of the parties, the Tribunal framed the following issues :-

(3.) The Tribunal recorded the evidence of the parties and examined three witnesses on behalf of Ranjit Singh including himself. Mithu Singh appeared as his own witness. On behalf of Ranjit Singh, it was urged before the Tribunal that valid votes polled in his favour had been illegally declared invalid and rejected and to the same effect he made a statement on oath and also stated that his request for recounting of votes was disallowed by the Returning Officer. He also stated that he sent telegrams (Mark P-1 and P-2) to the Election Commissioner, Punjab and Deputy Commissioner, Mansa about the alleged illegalities and irregularities committed in the election process. Mithu Singh on the other hand submitted that the votes had been properly counted and rejected in accordance with the provisions of Rule 36 of the Punjab Panchayat Election Rules, 1994 . On a consideration of the submissions made before it on behalf of the parties, the Tribunal came to the conclusion that "in order to verify whether the invalid votes were correctly and properly rejected in accordance with the provisions of Rule 36 of Punjab Panchayat Election Rules, 1994 , a fresh scrutiny of the rejected votes is called for." Accordingly, the Tribunal as per its order dated February 16, 1995 directed that the rejected votes would be recounted on February 28, 1995. The record pertaining to Bhaini Bagha Zone of Panchayat Samiti, Mansa (Zone-2) was summoned for the date fixed.