SEEMA @ SAVITA DEVI Vs. SURENDER SINGH CHAUHAN

JUDGEMENT

(1.) The present petition is directed against the order dated 11.10.2017, passed by the Additional District Judge, Gurugram (for short, the Appellate Court), allowing the appeal filed by respondents No. 1 and 2, filed by them against the order dated 06.04.2017, passed by the Civil Judge (Junior Division), Gurugram (for short, the Election Tribunal).

(2.) On 17.01.2016 the petitioner was elected as a Sarpanch of village Bass Hariya, Tehsil and District Gurugram (for short, the village). In July, 2016 respondent No. 1 challenged the petitioner's election through a writ petition filed before this Court being CWP-13159-2016 "Surender Singh Chauhan vs. State Election Commissioner and others". Such petition was dismissed by this Court on 08.07.2016 by passing of the following order: -

(3.) Learned counsel for the petitioner submits that the petitioner was elected as a Sarpanch of the village on 17.01.2016. Such election was challenged for the first time by respondent No. 1 through a writ petition filed by him before this Court in the first week of July, 2016. That petition was dismissed on 08.07.2016 on the ground that to challenge the petitioner's election the remedy available to respondent No. 1 was to file an election petition. Thereafter, on 21.07.2016 respondents No. 1 and 2 filed an election petition to challenge therein the petitioner's election.