RATI RAM Vs. SHISH RAM

JUDGEMENT

(1.) ELECTIONS for the office of Sarpanch of Gram Panchayat of village Jhund Sarai, Block and Tehsil Farrukh Nagar, District Gurgaon had taken place on 3.4.2005. Rati Ram petitioner and the respondent Nos.1 to 4 had contested the elections but the main contest was between the petitioner and respondent No. 1. The total votes of the village were 1050 but polled votes were 883. The following result emerged :- Rati Ram (Petitioner) 281 votes. Shish Ram 280 votes. The other candidates also polled negligible number of votes. Rati Ram was declared elected Sarpanch of Gram Panchayat of village Jhund Sarai. Shish Ram, respondent No. 1 filed Election Petition. He also applied for recounting of votes but the application for recounting was dismissed. However, respondent No. 1 filed Civil Writ Petition No. 3236 of 2006 which was accepted by this Court vide order dated 22.8.2006 and the trial Court was directed to hold scrutiny and computation of valid votes polled in favour of all the candidates. Accordingly, the votes were recounted by the learned Additional Civil Judge (Senior Division), Gurgaon and the following result emerged:- Rati Ram (petitioner) 278 votes Shish Ram (respondent) 287 votes. The other candidates also secured negligible number of votes. Since Shish Ram secured maximum number of votes, therefore, he was declared elected by the learned trial Court vide impugned order dated 21.3.2007. Hence, the present petition.

(2.) THE submission of learned counsel for the petitioner was that he had filed objection petition on 21.3.2007 (Annexure P-6) but the same was not decided by the learned trial Court. Therefore, the result declared by the Court of Additional Civil Judge (Senior Division), Gurgaon was illegal. In the said objection petition, it was specifically pleaded by the petitioner that five votes bearing specific numbers were not counted in favour of the petitioner while one vote had been wrongly counted in favour of the respondent. It was further submitted that admittedly 883 votes were polled but the total number of votes counted by the learned trial Court was 879 and difference of four votes was not explained. Hence, it was prayed that the impugned order dated 21.3.2007 be set aside.

(3.) THE learned trial Court had only complied with the directions passed by this Court vide order dated 22.8.2006 and conducted the scrutiny and computation of the valid votes polled in favour of all the candidates. This objection of the petitioner automatically stood rejected once the Court held that the petitioner had secured 278 valid votes and Shish Ram had secured 287 valid votes. This automatically rejects the version of the petitioner that valid votes of the petitioner have been rejected illegally and invalid vote of the petitioner has been counted illegally.