PARKASH Vs. ADDL CIVIL JUDGE

JUDGEMENT

(1.) THE petitioner, by way of filing writ petition under Articles 226 of the Constitution, seeks the issuance of a writ in the nature of certiorari for quashing the orders dated 12.9.2007/20.9.2007 (Annexure P-3), passed by Additional Civil Judge (Senior Division) Jind, respondent No. 1.

(2.) IN brief the facts of the case are that election for the post of Sarpanch of Gram Panchayat Lohchab, Tehsil and District Jind was held on April 03, 2005. The petitioner and respondent Nos. 2 to 7 contested the election for the post of Sarpanch of Gram Panchayat. After the completion of all the formalities, the petitioner having secured 447 votes, was declared winning candidate. The detail of votes secured by each candidate, as per the result- sheet (Annexure P-1) prepared by the Returning Officer, is given as under:-

(3.) IT is pertinent to mention here that as per the order passed by the learned trial court, after recount both the petitioner and respondent No. 2 were found to have secured 437 votes each. As a result thereof, the learned trial Court by adopting the method of draw of lots, declared respondent No. 2 as the winning candidate, vide order dated September 20, 2007 (Annexure P-3). It is this order (Annexure P-3), which the petitioner has challenged by filing the writ petition.