PRATAP Vs. HOSHIAR SINGH

JUDGEMENT

(1.) This revision petition has been filed for quashing the interim order dated January 9, 1997 (Ann. P-3), passed by the Addl. Civil Judge (Senior Division), Loharu, in exercise of the powers under Section 176(4) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act').

(2.) The brief facts of the case giving rise to the filing of this revision petition are that in the election held for the office of Sarpanch, Gram Panchayat Bardu Chaina, Tehsil Loharu, District Bhiwani. On December 15, 1994, the petitioner (Partap) was declared elected as Sarpanch who had secured 371 valid votes as against Hoshiar Singh respondent No. 1 who secured only 369 votes. An election petition under Section 176 of the Act was filed by Hoshiar Singh, challenging the election of the petitioner which is now pending in the Court of Addl. Civil Judge (Sr. Division), Loharu. By the impugned order, the learned Addl. Civil Judge, on recounting found that Partap (present petitioner) and Hoshiar Singh respondent No. 1 secured 370 votes each whereas Beg Raj respondent No. 2 had secured 159 votes and 37 votes were rejected.

(3.) The learned counsel for the petitioner has assailed the impugned order on the ground that there is no finding to the effect that a prima facie case has been made out for recounting of the disputed votes. He has further argued that prior to June 13, 1996, there was no order on the file qua recounting of the votes but from the perusal of the order dated June 13, 1996 (Ann. P-1), it came to light that the trial Court had summoned the ballot papers for recounting of the votes.