LAL SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner and respondent no.7 contested election of Sarpanch, Panchayat Halqa, Kumait, District Ramban held on 16.05.2011. In all 1148 voters cast their votes. Petitioner secured 526 votes while respondent no.7 got 525 votes, 81 votes went in favour of one Mohd. Mubeenthird candidate in the fray. While counting was on and petitioner likely to be declared elected, two tendered votes were opened by the Assistant Returning Officer. Both the votes went in favour of respondent no.7. His tally, therefore, got increased to 527, while petitioner s votes remained at 526.

(2.) Petitioner objected to counting of two tendered votes on the ground that, the votes could not be counted in terms of J&K Panchayati Raj Act, 1989 and rules made there under. The matter was reported to Chief Electoral Officer through proper channel. The District Panchayat Election Officer, Ramban-Deputy Commissioner recommended re-poll, as according to him, election to aforementioned constituency was void.

(3.) The Deputy Chief Electoral Officer, in response to the communication No. 191/DCR/PS dated 17.05.2011 received from District Panchayat Election Officer (Deputy Commissioner) Ramban vide communication No. 5309/CEO/P.E/Gen/6236 dated 19.05.2011, directed recounting and also issued instructions to be observed during recounting. One of such instructions was not to count the tendered votes. On recounting, petitioner was found to have polled 525 votes as against 523 votes secured by respondent no.7. Number of votes secured by Mohd. Mubeen remained at 81. Petitioner was, accordingly, declared elected Sarpanch, 28-Panchayat Halqa Kumait, District Ramban.