NIAZ MOHD Vs. BHAGAT SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed, impugning the order dated 28.3.2006 passed by the Civil Judge (Sr. Division) cum-Election Tribunal, Gurgaon whereby recount of votes for election to the post of Sarpanch of Gram Panchayat, Village Hariahera (Raisina), Tehsil Sohna, Distt. Gurgaon, has been ordered.

(2.) The aforesaid election was held on 3.4.2005 in which the petitioner herein was declared elected. This led respondent No. 1 to file an election petition in which he also prayed for recount of the votes. As per the election result declared on 3.4.2005, the petitioner was stated to have scored 455 votes as against 429 votes polled in favour of respondent No. 1.

(3.) The Election Tribunal, having regard to the fact that more than 30 ballot papers which respondent No. 1 claims to be validly polled in his favour were rejected at the time of counting of votes on 3.4.2005 and also after taking notice of the fact that if those 30 votes were found valid in favour of respondent No. 1, it would materially effect the result of the election, directed recount of the votes vide the impugned order. The Election Tribunal also gave some more reasons in support of its aforesaid direction.