KRISHAN LAL Vs. STATE AND OTHERS

JUDGEMENT

(1.) A post of Sarpanch in Panchayat Halqa Chandu Chak, Block & Tehsil R.S.Pora, Jammu, has become bone of contention between the petitioner and the private respondent. The petitioner was declared elected by a margin of two votes. The private respondent filed an Appeal before the Appellate Authority against the order of declaring the petitioner successful in the elections.

(2.) The Appellate Authority, while rejecting some contentions of the private respondent, permitted for recounting of the votes. On examination of the rejected votes, it was found that three properly polled votes were kept along with the rejected votes. Those three votes had been cast in favour of the private respondent, who, on addition of those votes, was declared elected as Sarpanch by a margin of one vote. It is this order which is called in question in this writ petition.

(3.) In view of the material available on the writ petition, a total of 1062 votes were polled. The petitioner had secured 306 votes and the private respondent had secured 304 votes. One Shri Surjit Singh secured 267 votes and Shri Naresh Kumar secured 166 votes.