PURAN CHAND Vs. DISTRICT ELECTION OFFICER AND ORS.

JUDGEMENT

(1.) PETITIONER , Puran Chand and respondent No. 5, Piyare Lal, were the two candidates in fray for election to the post of Sarpanch, Panchayat Halqa 9 -Dhrubeel in Inderwal block of District, Kishtwar. Election was held on 21.05.2011 and on the same day the votes were counted. After counting of the votes, the Returning Officer/Respondent No. 2 issued 'statement of counting of votes' and the certificate certifying that the petitioner has been elected as the Sarpanch. As per the statement of counting of votes, petitioner secured 608 votes and respondent No. 5 secured 604. Petitioner, thus, won the election by four votes. I reproduce the 'statement of counting of votes' as it has relevance for according consideration hereafter:

(2.) FEELING aggrieved by the result, respondent No. 5 filed appeal under section 43 of the Jammu and Kashmir Panchayati Raj Act, 1989 (for short, the Act) before the Appellate Authority, the Additional District Development Commissioner, Kishtwar, respondent No. 1 herein. He sought mainly cancellation of the certificate issued in favour of the petitioner.

(3.) THE Appellate Authority allowed the appeal vide his order dated 04.07.2011 and declared the certificate of election issued in favour of the petitioner as null and void. This order on its plain reading would show that out of the four grounds taken by the appellant (respondent No. 5 herein) the Appellate Authority dealt with two only, relating to bogus/proxy voting and rejection of the 36 ballet papers by the Returning Officer.