RAM NIWAS Vs. SARDAR SINGH

JUDGEMENT

(1.) This writ petition is directed against the order of the learned Munsiff Behro, District Alwar, dated 18-8-1979.

(2.) The brief facts which are relevant for the disposal of this writ petition are that elections for the post of Sarpanch, Gram Panchayat Doongroli were held on 5-2-1978. Ram Niwas, the present petitioner, was declared elected having secured 72l votes as against Sardar Singh who secured 718 votes, Sardar Singh feeling aggrieved filed an election petition before the Munsiff. The contention of Sardar Singh was that 5 ballot papers which were cast in his favour were wrongly counted in the ballot papers cast in favour of Ram Niwas. His other contention was that 7 ballot papers which were liable to be rejected were wrongly counted in favour of Ram Niwas. He also contended 15 ballot papers which were cast in his favour were wrongly rejected by the Returning Officer. Under 1he.se circumstances, Sardar Singh pleaded that Ram Niwas has been wrongly declared to be elected Sarpanch of the Gram Panchayat Doongroli. He also pleaded that if there is a proper recount he shall be declared elected. Sardar Singh also pleaded that initially the Returning Officer declared him elected, but on recount he declared Ram Niwas elected. His contention is that once having declared him elected, it was not within the competence and jurisdiction of the Returning Officer to recount the ballot papers and to declare Ram Niwas elected.

(3.) The election petition was submitted on 21-2-1978. In the election petition the grounds for recount were enumerated in paras 8 to 10 of the election petition which are reproduced as under : -- ..(Text in Hindi not Printed)..