BALBIR SINGH Vs. SHARAN SINGH

JUDGEMENT

(1.) This writ petition has been filed challenging the order of the Prescribed Authority, Rohtak, dated July 23, 1974, under the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter referred to as the Act).

(2.) Briefly the case of the petitioner is that election to Panchayat Samiti, Salhawas Block was held on July 10, 1972 for electing 16 primary members. Fifty-one persons contested for sixteen seats. It is alleged, 434 ballots were used, out of which 409 were declared valid, 24 as invalid and one ballot paper was not accounted for. Admittedly, thirteen persons secured more than 10 votes each, five persons 10 votes each and the rest less than 10 votes each. Thirteen candidates who received more than 10 votes each, were declared elected. The remaining were to be elected out of the five candidates who had obtained 10 votes each. Consequently, lots were drawn and respondent Nos. 14 to 16 were declared elected. The petitioner was one of those five candidates who had obtained ten votes each and when the lots were declared, he was declared unsuccessful.

(3.) After election, it is alleged, the petitioner moved an application before the Returning Officer, to recount the votes. That prayer was declined on the ground that it was made after the declaration of the result. The Deputy Commissioner, Rohtak, vide his letter dated July 13, 1972 (Annexure P. 1) wrote to the Director of Panchayats that the petitioner had secured eleven valid votes and he had been illegally declared unsuccessful. He sought opinion of the Director for rectification and further sought clarification that if the mistake was rectified, then which of the two candidates out of the three will remain elected. It appears that no reply was received by the Deputy Commissioner from the Director. The petitioner consequently, filed an election petition which was dismissed by the Prescribed Authority, Rohtak, vide its order dated July 23, 1974 (Annexure P. 2). The petitioner has challenged the aforesaid order of the Prescribed Authority through this writ petition.