SHISH RAM Vs. RATI RAM

JUDGEMENT

(1.) The election for the office of Sarpanch of Gram Panchayat, Village Jhund Sarai, Block and Tehsil, Farrukh Nagar, District Gurgaon was held on 3.4.2005. Undisputedly, there were total 1050 votes out of which 883 were polled. According to the petitioner, he had secured 283 valid votes whereas the first respondent got 278 votes and as such the petitioner was declared elected. However, it is alleged that the Returning-cum- Presiding Officer, namely, respondent No. 5 changed the result next day and respondent No. 1 was shown to have received 281 votes as against 280 votes polled in favour of the petitioner. In this manner, respondent No. 1 was declared elected by a difference of one vote.

(2.) Aggrieved, the petitioner has filed an election petition in which he also moved an application under Section 176 (4) (b) of the Haryana Panchayati Raj Act, 1994 for scrutiny and computation of the valid votes polled in favour of all the candidates. The said application having been dismissed by the Election Tribunal, he has approached this Court.

(3.) The scrutiny and computation of the votes i.e.recount has been sought by the petitioner mainly on the ground that two votes of dead persons have been shown to have been polled in favour of respondent No. 1 and 15 votes which were otherwise valid in favour of the petitioner, have been erroneously cancelled. Similarly, there are 41 votes which are stated to have not been accounted for.