SANDEEP Vs. ELECTION TRIBUNAL AND ORS.

JUDGEMENT

(1.) Challenge in the present petition, is to the order dated August 23, 2007 passed by the Additional Civil Judge (Senior Division), Karnal exercising the powers as Election Tribunal.

(2.) Briefly the facts, as noticed in the impugned order, are that the election of Sarpanch of village Uncha Samana (District Karnal) was held on April 03, 2005. Petitioner alongwith six other candidates contested for the post of Sarpanch. Total 2329 number of votes were polled, out of which 185 votes were declared invalid and balance 2144 votes were found to be valid. The number of votes secured by the petitioner as well as other candidates are as under:

(3.) Respondent No. 2 filed election petition against the petitioner raising various pleas regarding irregularities and illegalities committed during the course of election and also the counting. It was further alleged that the authorities colluded with the petitioner. The seal for putting mark against a particular symbol was not made available for quite some time especially to the women voters. Due to which police officials made them to thumb mark on the symbol. It had happened on Booth No. 96 where 37 votes of the respondent No. 2 were declared invalid having thumb impression on the symbol of the respondent No. 2. It is further alleged that ballot papers taken by the polling officials with thumb impression were folded in such a way that impression of the thumb mark/seal came on the other side and at the time of counting those ballots were declared invalid. Still further the allegations are that infact after the counting at about 5.30 P.M., respondent No. 2 was declared elected by margin of 12 votes and after the respondent No. 2 and his agents left the polling station and were celebrating the victory, some one informed that the petitioner has been declared elected by 24 votes. The efforts of respondent No. 2 to lodge a complaint against this to the authorities remained fruitless.