AMAR NATH Vs. SUBHASH CHANDER

JUDGEMENT

(1.) THIS writ petition has been filed to quash the order dated 17. 4. 1995 passed by the Sub Judge, Ist Class, Rohtak whereby he set aside the election of the petitioner to the office of Panch, Gram Panchayat, Sampel.

(2.) IN the election held on 15. 12. 1994 for electing Sarpanch and Panches of Gram Panchayat Sampel, Tehsil and District Rohtak, the petitioner was declared elected as Panch from Ward No. 11 because he was shown to have secured 107 votes as against 104 votes polled by respondent No. l. The respondent No. 1 filed an election petition on various grounds set out therein. The petitioner contested the election petition. After recording the evidence of the parties, the learned Sub Judge held that votes cast by Bhim Singh and 15 other persons in village Sampel were invalid because they could not have cast their votes in two villages, namely, Ritoli and Sampel. On the basis of this find ags, the learned Sub Judge directed that the election record be brought to the lower Court on 25. 4. 1995 and the result be declared after recounting the votes.

(3.) THE learned Deputy Advocate General has defended the order passed by the learned Sub Judge and has placed reliance on the decisions of this Court in Smt. Guddi Devi v. State Election Commissioner, Haryana, (1995-1)109 P. L. R. 489 and Megh Raj Sharma and Ors. v. State of Haryana, (1995-2)110 P. L. R. 41.