RAKESH Vs. AJAY KUMAR

JUDGEMENT

(1.) Anil Kshetarpal, J. - Petitioner Rakesh Kumar was respondent in the election petition, filed under Section 176 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act').

(2.) Ajay Kumar, the petitioner, before the trial Court had filed an application seeking re-counting of the vote for the post of Sarpanch of the Gram Panchayat Karira. Learned Election Tribunal (hereinafter referred to as 'the Tribunal), vide order dated 23.05.2017, has ordered re-count of the votes. Petitioner-Rakesh has challenged the aforesaid order passed by the Tribunal.

(3.) Election for the post of Sarpanch of Gram Panchayat, Karira, was held on 10.01.2016. On the same day, elections of Zila Parishad also took place. It is the allegations of the petitioner in the election petition that, although, in the first round, petitioner was declared elected. However, after 5-7 minutes, respondent in the election petition i.e. Rakesh was declared elected by the Returning Officer. As per the final result declared, there was only difference of one vote as Rakesh was declared to have secured 663 votes, whereas Ajay Kumar was declared to have 662 votes. The Tribunal after considering all aspects of the matter, ordered re-count. Rakesh has filed the present revision petition against the aforesaid order.