LEKH RAM KAUNDAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE order dated 4.7.2012 in election petition No. 05 of 2011 passed by Sub Divisional Officer (C)-cum- Authorised Officer, Sub Division, Shimla (R) has been assailed under Article 227 of the Constitution of India.

(2.) IT has been stated that the petitioner has filed election petition under Section 163 of the Himachal Pradesh Panchayati Raj Act, 1994 (for short 'Act') for setting aside the election of respondent No.3 for the post of President, Gram Panchayat, Karyali held on 28.12.2010. On 1 Whether reporters of Local Papers may be allowed to see the Judgment ?yes the same date, the voting for election of Vice President of Gram Panchayat, Zila Parishad and Block Development Committee member for Gram Panchayat, Karyali also took place. The voters were issued four different kinds of ballot papers for four different posts. The counting of the votes for the posts of President and Vice President took place on 28.12.2010. The total votes were polled 1264 as per record for the post of President. The petitioner got 616 votes, respondent No.3 got 619 votes and 27 votes were declared invalid. The respondent No.3 was declared elected by three votes on 28.12.2010. As per the record, 1264 votes were polled for the post of President, but as per the counting only 1262 votes were polled which indicates that two votes were missing. The petitioner raised protest against the declaration of 27 votes invalid. In fact, out of 27 votes which were declared invalid, 22 votes were polled in favour of the petitioner and 5 votes in favour of respondent No.3.

(3.) THE votes polled in favour of the petitioner were declared invalid for the reason that impression of the stamp in front of the name of the petitioner also got printed on the other side which was due to wrong folding of the ballot papers by the voters. The two votes found lateron in the ballot box meant for the election of Block Development Committee and polled in favour of the petitioner were wrongly declared invalid. The votes declared invalid, were not invalid. The petitioner prayed for setting aside the election of respondent No.3 as President on 28.12.2010 and prayed for declaration of result after re-counting of the votes including the two votes found in the ballot box meant for the election of Block Development committee on 4.1.2011 and after due scrutiny of 22 votes. The petition has been contested by the respondent No.3. The issues were framed on 9.4.2012.