GHULAM MOHAMMAD LONE Vs. STATE OF J&K

JUDGEMENT

(1.) As in earlier litigation, in this writ petition as well, the petitioner is persisting with his claim to the office of Sarpanch, Panchayat Halqa KP- 299, Budnambal Payeen.

(2.) The case of the petitioner in the earlier round of litigation and in the present petition is that he was declared elected, having secured 262 votes as against the private respondent who secured 261 votes out of 532 polled votes. 09 votes were declared invalid. The certificate in this behalf was issued by the Assistant Returning Officer on 08th May, 2011. The case of the petitioner is that on the intervention of a stranger re- counting was conducted and one vote favouring the petitioner was rejected, thus, reducing the vote strength to that of 261 votes. The petitioner has pleaded that Form PEL-17, which pertains to statement of counting of the votes for Sarpanch of Panchayat Halqa KP-299, Budnambal, Payeen is forged document as the signature of the petitioner was obtained on the blank paper and later on entries were made in the columns, showing that petitioner and private respondent having secured equal number of votes viz. 261 each.

(3.) In view of the tie between the candidates, the private respondent was declared elected by draw of lots.