HARDEV SINGH Vs. HARDAYAL

JUDGEMENT

(1.) PETITIONER Hardev Singh, who is the returned candidate, has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 19.3.2007, passed by Additional Civil Judge (Senior Division), Sirsa, whereby he has summoned the election records pertaining the election of the office of Sarpanch of village Mattar, Tehsil and District Sirsa, for the purpose of re-counting, after coming to the conclusion that the defeated candidate (respondent No. 1 herein) has prima facie made out a case for computation and scrutiny of votes in view of clause (b) of Section 176(4) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act').

(2.) I have heard for the petitioner and gone through the impugned order, passed by the Civil Judge.

(3.) THE Civil Judge, while taking into consideration the evidence led by the parties, came to the conclusion that the Presiding Officer did not put all the votes in the sealed envelope in the record of ballot papers and thereafter, he opened the sealed envelopes and put 12 votes showing the same as rejected votes. It has been found that the Presiding Officer gave the explanation that 12 rejected votes were left to be put in the sealed parcels of ballot papers, whereas total number of rejected votes as per Ex.P1 are 18, therefore, it was not explained as to under what circumstances part of the rejected votes i.e. 12 left to be put in the envelope. In view of these facts, it has been found that there is sufficient material and reasons, which make out case for computation and scrutiny of the votes recorded in favour of each candidate.