GHULAM RASOOL Vs. STATE

JUDGEMENT

(1.) Petitioner and respondent No. 5 have contested the election of Panch under the Panchayat Raj Act for Ward No. 6 Trankel-B. Out of polled 157 votes, both secured 78 votes each, whereas one vote contained marking in the blank area, same was rejected by the counting Supervisor, but the Returning Officer accepted the same in favour of the petitioner. Aggrieved thereof, respondent No. 5 filed an appeal before the authority i.e., Appellate Authority, (Sub Divisional Magistrate -Bhaderwah), under the J&K Panchayat Raj Act.

(2.) The Appellate Authority while considering the position of the doubtful Ballot paper has opined that on scrutiny beyond all shadow of doubt the vote was required to be rejected, as it bears the marking in the blank area. It is added that in case the Returning Officer would have referred the Returning Officer's Hand Book p.77 15.71, iii(b), which would provide that when the mark is in the blank area i.e., entirely in the shaded area, vote would have been rejected. Therefore, the vote in any case has to be rejected, so is rejectted. Resultantly, both the two candidates have 78 votes each, so a tie.

(3.) In the order, it is further clarified that the candidates expressed their willingness and also gave in writing that the position will be acceptable to both of them on the result of tossing of coin.