NAND KISHORE Vs. KISHAN LAL

JUDGEMENT

(1.) THE present petition filed by the petitioner is directed against the order dated 9.8.2.006 vide which his plea for a re-count was declined by the learned Election Tribunal for want of compliance with the provisions of Rule 69(2) of the Haryana Panchayati Raj Election Rules, 1994 (hereinafter referred to as "the Rules") which requires that the candidate desiring re-count must make a demand in writing for the purpose before the Presiding Officer.

(2.) THE petitioner lost the panchayat election to the Office of Sarpanch of Gram Panchayat, Sikanderpur to respondent No. 1-Kishan Lal. Thereafter, he preferred an election petition on the authority of Section 176(i) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as "the Act"). That plea of his was declined by the learned Tribunal that the plea cannot be allowed because the reasons for rejection of the said votes have not been particularly given in the application.

(3.) IN support of the plea that the impugned order deserves invalidation, reliance on behalf of the petitioner is placed upon Sohan Lal v. Babu Gandhi and others, 2003(2) R.C.R.(Civil) 731 : AIR 2003 SC 320. As against it, respondent No. 1 relies upon a ruling rendered by this Court in Civil Revision No. 4606 of 2006 decided on 3.10.2007 (Krishan Kumar v. Civil Judge (Junior Division) Hansi and others).