VED PARKASH Vs. NARESH KUMAR AND OTHERS

JUDGEMENT

(1.) Petitioner has challenged order dated 22.07.2016 passed by Civil Judge (Junior Division), Hissar vide which an application for scrutiny and computation of votes and recounting of votes was dismissed.

(2.) Election to the post of Panch in Ward No.13 of Gram Panchayat Nangthala, Tehsil and District Hisar took place on 24.01.2016. Petitioner and respondents No.1 and 2 contested the election for the said post. Petitioner and respondent No.1 secured equal number of votes i.e. 95 votes each. Request for recounting of votes at the instance of the petitioner was not acceded to by the counting staff, rather the counting staff asked the petitioner to agree for draw. Petitioner refused to accept draw of lot, but on the next day came to know that the counting staff declared respondent No.1 as winning candidate in a draw for which the petitioner neither received any notice, nor consented for the same. The draw was conducted in the absence of the petitioner.

(3.) Petitioner alleged that Returning Officer alleged to have issued a notice No.2023 dated 24.01.2016 to Paramjeet Kaur on booth No.89, Nangthala and Ward No.13 which was signed by Satyawan, Presiding Officer. The said notice was wrong. There were many invalid votes which were having double stamp in favour of respondent No.1. Many votes were polled on behalf of those persons who were on Government duties at other places.