RAJ DEVI Vs. SANTOSH

JUDGEMENT

(1.) PETITIONER -Raj Devi has filed this petition under Article 227 of the Constitution of India against the order dated Jannary 4, 1996, passed by the Additional Civil Judge (Senior Division) Gohana (Sonepat) whereby he has allowed the petition filed by Smt. Santosh respondent No. 1 for inspection and recounting, of the ballot papers.

(2.) BRIEF resume of the facts is that respondent No. 1 Santosh filed an election petition under Section 176 of the Haryana Panchayati Raj Act, 1994 (in short, the Act) on January 14, 1995, for setting aside the election held for the post of Sarpanch of village Garhi Ujale Khan, Tehsil Gohana, the result of which was declared on December 15, 1995, whereby petitioner-Raj Devi was declared elected. Raj Devi was declared elected by difference of three votes only. She secured 435 votes while election-petitioner Smt. Santosh got 432 votes. Election-petitioner Smt. Santosh alleged in her election petition that before start of the election the petitioner had moved an application to the Presiding Officer/Returning Officer that in Ward No. 3 serial Nos. 93 and 94, namely, Sube Singh son of Shish Ram and Raj Bala wife of Sube Singh are having their votes at village Garhi Ujale Khan and they are also having their votes at Sainipura in Ward No. 4 at serial Nos. 1 and 2. Similar is the position of voters Muni Ram alias Munshi Ram son of Hira Lal alias Hira Singh. It was also averred that respondent No. 5 Abdul Salim UMO Jagsi, Tehsil Gohana, has illegally cancelled the votes which were cast in favour of the election-petitioner and which were valid ones. Respondent No. 5 and his team also wrongly gave benefit of cancelled votes to the elected candidate Raj Devi. The poor light arrangements also affected the result and gave an opportunity to the Returning Officer to declare Raj Devi petitioner to be the elected Sarpanch. Respondent No. 5 and his team also rejected the request of the election-petitioner for recounting of valid and cancelled votes. Allegations were made about corrupt practice also adopted by Raj Devi, elected candidate.

(3.) ISSUES were framed. Election petitioner's whole evidence, was recorded. Raj Devi-petitioner also examined five witnesses, but then she sought further adjournment for recording her remaining evidence. At that juncture on October 30, 1995, election-petitioner Smt. Santosh filed a petition for the inspection and recounting of the ballot papers, which was contested by the elected candidate petitioner Raj Devi.