GURCHARAN SINGH Vs. MADAN SINGH

JUDGEMENT

(1.) Gurcharan Singh through present petition filed by him under Art. 226 of the Constitution of India seeks issuance of a writ in the nature of certiorari so as to quash/set aside the order passed by Civil Judge (Senior Division) Sirsa dated 21-9-1996 in case 49 E.P.

(2.) Brief facts giving rise to the writ reveal that elections to elect a Sarpanch and Panches of village Rohan were held on 15-12-1994 and the petitioner was duly elected as Sarpanch of the village. Respondent being aggrieved from the result of counting of election, filed an election petition before Senior Sub-Judge Sirsa. On 13-6-1995 respondent filed an application for scrutiny and computation of votes and the petitioner also filed reply to the application. Thereafter on 14-10-1995 the records of ballot papers/boxes were called and opened in the open Court and the learned Senior Sub Judge mentioned in his order after looking the seals of the ballot boxes that four seals were not found intact and they were partly broken. The Counsel for the petitioner objected and stated that the possibility of the seals having been tampered with cannot be ruled out. The learned Civil Judge (Senior Division) Sirsa passed order on 21-9-1996 vide which he allowed the petition of respondent Madan Singh and he was declared a winning candidate as Sarpanch. It is this order of the learned Civil Judge (Senior Division) as mentioned above that has been challenged in the present writ petition.

(3.) This matter has been coming up for hearing from time to time and after hearing the arguments in sufficient details, the Court passed the following order on 5-12-1997 :-