HARNEK SINGH Vs. BALJIT SINGH

JUDGEMENT

(1.) This appeal has been filed against judgment dated 12.5.2005 passed by the Election Tribunal-cum-Additional Deputy Commissioner, Fatehgarh Sahib vide which election petition filed by respondent No. 1 Baljit Singh was allowed and he declared elected as Sarpanch.

(2.) To assail this judgment, it has been stated by counsel for the appellant that at the time of recount, large number of irregularities committed and the respondent No. 1 was declared elected in a illegal manner. Counsel further argued that as the Presiding Officer while recounting the votes, has not given any reason to reject the votes, polled in favour of the appellant, order under challenge deserves to be set aside. Prayer made has been vehemently opposed by counsel, who has put up appearance on behalf of respondent No. 1.

(3.) It is apparent from the records that in election to the post of Sarpanch, the appellant was declared elected on 29.6.2003. Respondent No. 1, who has also contested that election filed an election petition, challenging his election wherein it was stated that the counting has wrongly been done by the Presiding Officer. During proceedings of the election petition vide order dated 15.7.2004, it was ordered that the recounting of the votes be done on 28.7.2004. Appellant failed to challenge the order of recount before the said date and in fact, in presence of the appellant, recount was done on 28.7.2004. Thereafter, the respondent No. 1-petitioner, by filing Civil Revision No. 3678 of 2004, laid challenge to the order of recount dated 15.7.2004. A specific ground was taken by the petitioner that recount was done wrongly and contrary to the provisions of Punjab Panchayat Election Rules, 1994. Revision petition came up for hearing before this Court on 10.1.2005. While dismissing that revision petition, following order was passed by this Court :-