JAGDISH Vs. CHANDGI

JUDGEMENT

(1.) THE petitioner herein was elected to the post of Sarpanch of Gram Panchayat Anoopsahar in the elections held on January 31, 1990. Respondent No. 1, namely, Chandgi s/o Hira Lal Kumhar was the sole rival candidate and, there was a direct contest. Counting of votes was made on the day of poll itself and result was also declared on the same day. Out of 1746 total votes polled, petitioner had secured 871 votes while the respondent, the defeated candidate, was polled 869 votes. 6 votes were declared invalid and, thus, the petitioner was declared elected by two votes.

(2.) THE defeated candidate i.e. respondent No. l, challenging the result of election, filed Election Petition on 2.3.1995 under Rule 80 of the Rajasthan Panchayat Raj (Election) Rules, 1994 (hereinafter referred to as 'the Rules') read with Section 43 of the Rajasthan Panchayat Raj Act, 1994 (hereinafter called 'the Act') before the District Judge, Hanumangarh, which was, vide order dated May 17, 1997, transferred for hearing and disposal to the Civil Judge (Senior Division), Nohar. The reliefs sought in the election petition were: (a) -to order recounting of votes; (b) - -to set aside election of the petitioner holding election result to be invalid and void and (c) - -to declare him elected as Sarpanch of the Gram Panchayat. The material facts for recount, as pleaded by the respondent and contained in the' ejection petition, are that after counting of votes was over the returning officer took out two valid votes cast in his favour and added the same in; petitioner's ballot papers; similarly three valid votes cast in his favour were wrongly treated as invalid votes.

(3.) THE Election Tribunal, after recording evidence of the parties, held that the inspection of ballot papers and their recount would be just and proper to decide the dispute between the parties. The Tribunal relied on the decision of this Court in Amarjit Singh v. Sampooran Singh 1991 (2) RLR 279, wherein recount was ordered. In its order the Tribunal also observed that recount of votes would not disturb secrecy of votes. For passing the order, much stress was laid by the Tribunal on the fact of narrow difference of two votes between the parties.