DURGA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was one out of the two contestants to the post of Pradhan, Gram Panchayat, Baragran, Tehsil Manali, District Kullu H.P. in the elections held on 1.1.2016, the other being respondent No.4.

(2.) After polling was over, counting started in the Panchayat Ghar and on opening the ballot boxes, the votes polled by each of the candidate was separated and thereafter counted.

(3.) It is averred that on counting of the votes, the petitioner secured 471 votes, whereas respondent No.4 secured 465 votes. Respondent No.4 sought recounting of votes and in the recounting so done, 8 votes of the petitioner was declared invalid and thereby she secured 463 votes, whereas the votes polled in favour of respondent No.4 remained the same i.e. 465. This time it was the petitioner, who objected to the re-counting and resultantly, another recount took place and after this recount, both the parties secured 465 votes each. It is averred that the Assistant Returning Officer without obtaining the consent and without going into the authenticity of the votes declared invalid, went for 'draw of lots' in which respondent No. 4 came to be elected.