VEERPAL KAUR Vs. ELECTION TRIBUNAL MANSA & ORS

JUDGEMENT

(1.) Petitioner has assailed the order dated 06.03.2017 passed by respondent No.1-Election Tribunal, Mansa-cum-Deputy Commissioner, Mansa titled 'Maya Kaur v. Veerpal Kaur & Ors.' whereby order of re-counting of votes was made.

(2.) Brief facts are that respondent No.2 filed an election petition before respondent No.1 with the allegations that the election to the post of Sarpanch of the Gram Panchayat, Village Bappina took place on 03.07.2013 in which re-counting of votes was done on the same date and result was declared. Petitioner and respondent No.2 contested for the post of Sarpanch in the aforesaid election. Total 1480 votes were polled in the said election and out of which respondent No.2 was shown to have got 715 votes, whereas petitioner was shown to have got 731 votes. 34 votes were declared to be cancelled. It was alleged by respondent No.2 that in fact, she had won the election with a difference of 110 votes, but the election officers wrongly declared the petitioner as elected candidate with a difference of 16 votes. Firstly, the election officers had declared respondent No.2 elected with a margin of 94 votes on the basis of counting and later respondent No.2 was declared elected with a margin of 60 votes. But thereafter, they wrongly declared the petitioner as elected with a margin of 16 votes without any reasons. With these background the election petition was filed.

(3.) After completion of evidence of both the parties, respondent No.1 vide order dated 17.09.2014 passed the order of recounting of votes of Sarpanch of the Gram Panchayat between the parties. Para 16 of the said order is reproduced hereasunder:-