CHAAND Vs. BOHAR SINGH

JUDGEMENT

(1.) IN view of reasons given in this application, which is accompanied by an affidavit, it is allowed and 46 days delay in filing the appeal stands condoned.

(2.) THIS appeal has been filed against order dated 16.9.2005, vide which, election petition, filed by the appellant was dismissed. It is an admitted fact that in election for the post of Sarpanch, the appellant was defeated by a margin of 22 votes. Before this Court, it has been stated that initially, he was winning, however, subsequently some votes were wrongly declared invalid and he was declared defeated. The Tribunal below has noticed that only wild allegations have been leveled. It has been admitted before this Court that declaration of result sheet was signed/ thumb marked by the appellant. If it was a case of declaring the appellant defeated by force, it would have been his natural conduct, to approach the higher authorities immediately thereafter. There is no evidence on record that after declaration of result, he moved any application to the Election Commission or any other higher authority in that regard. No case is made out for interference in pure findings of fact arrived at by the Courts below. Dismissed.