RAJESH KUMAR Vs. DEPUTY COMMISSIONER SHIMLA

JUDGEMENT

(1.) This petition is directed against the order of the Deputy Commissioner, Shimla dated 5-12-2006, whereby he has allowed the Appeal No. 17 of 2006 filed by respondent-Deep Ram ordering recounting of votes.

(2.) Brief facts leading to the present case are that election to the post of Pradhan, Gram Panchayat. Kalind, Tehsil Theog, District Shimla were held on 20-12-2005. There were six candidates in all who contested the election. Petitioner-Rajesh Kumar was declared to have been elected after he defeated Deep Ram by seven votes.

(3.) Deep Ram respondent No. 1 herein challenged the election of Rajesh Kumar by filing Election Petition under Section 163 of the Himachal Pradesh Panchayati Raj Act, 1994 before the authorized Officer i.e. S.D.O. (Civil), Theog, District Shimla. The main ground of challenge was that 27 votes had been wrongly rejected by the Returning Officer and there was discrepancy of two votes when all the votes were totalled. It was alleged that 27 votes had been cast in favour of Deep Ram and they were wrongly rejected and therefore, the result of the election had been materially affected.