KARAM SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) ELECTION for the post of Sarpanch of Gram Panchayat Sadhura was held on 15th December, 1994. There was a direct contest between the petitioner and respondent No. 4 for the said post. Petitioner was declared elected. Nasib Singh respondent No. 4 filed election petition Under Section 176 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the Act) on various grounds. It was prayed that election of Karam Singh as Sarpanch be set aside and instead he be declared elected as Sarpanch or in the alternative fresh election be held for electing Sarpanch.

(2.) DURING the pendency of the election petition before the Election Tribunal, respondent No. 4 made an application for recount of votes and made an offer to give up the challenge to the election on all other grounds except a recount provided petitioner agrees for the same. Counsel appearing for the petitioner, agreed to the offer made by the respondent No. 4. Statement of the counsel was recorded and read over and after accepting the same, it was signed by the counsel. In view of the statements made by the counsel for the parties, Election Tribunal ordered a recount of the votes. In recount, it was found that respondent No. 4 had polled more votes than the petitioner, as a consequence thereof election of the petitioner was set aside and respondent No. 4 was declared elected. Present petition has been filed against the aforesaid order.

(3.) COUNSEL for the petitioner then contended that recount could not be ordered on the basis of the consent of the parties or their counsel. We find no substance in this submission either. It has been held by this Court in Bharat Singh v. Dalip Singh and Ors. , (1996-1) 112 P. L. R. 70 that a recount can be ordered on the basis of an agreement between the parties, it was held as under: