AMARJEET SINGH Vs. SAMPURAN SINGH

JUDGEMENT

(1.) THE petitioner by this writ petition has challenged the order dated 12. 4. 1990 (Annex. 2) passed by the learned Election Tribunal, Raisinghnagar, respondent No. 3.

(2.) THE brief facts necessary for the convenient disposal of this writ petition are that the petitioner was elected as Sarpanch of the Gram Panchayat, 10 T. K. in the elections held on 5. 6. 1988. It is alleged that the petitioner was elected by a majority of 17 votes. THE petitioner received 552 votes and the respondent No. 1 secured 535 votes. One Jeeta Singh challenged the election of the petitioner by filing an election petition on 10. 6. 1988 on the ground that the Returning Officer committed irregularities in the counting of votes and there was improper reception and rejection of votes. THE allegations made in the election petition were denied by the petitioner winning candidate by written reply. However after hearing both the parties the learned Election Tribunal vide its order dated 12. 4. 1990 held that a case for recount has been made out. THErefore, in view of his decision on issues No. 2 and 3, it was directed that all the votes of the petitioner be recounted and so also the rejected votes. Aggrieved against, the petitioner has filed the present writ petition challenging the order dated 12. 4. 1990, passed by the learned Election Tribunal.

(3.) BE that as it may, I do not want to express any opinion in the matter as the matter is still pending before the learned Election Tribunal and both the parties will have necessary opportunity to contest the matter as to whether the votes were rightly rejected or rightly received or not. Thus, in this view of the matter I am not inclined to interfire with the order passed by the learned Election Tribunal and the writ petition is dismissed. The record which been received may be sent back to the learned Election Tribunal forthwith. .