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2006 DIGILAW 3247 (PNJ)

Niaz Mohd. v. Bhagat Singh

2006-08-10

SURYA KANT

body2006
Judgment , J. 1. This petition under Article 227 of the Constitution of India has been filed, impugning the order dated 28.3.2006 passed by the Civil Judge (Sr. Division)cum-Election Tribunal, Gurgaon whereby recount of votes for election to the post of Sarpanch of Gram Panchayat, Village Hariahera (Raisina), Tehsil Sohna, Distt. Gurgaon, has been ordered. 2. The aforesaid election was held on 3.4.2005 in which the petitioner herein was declared elected. This led respondent No.1 to file an election petition in which he also prayed for recount of the votes. As per the election result declared on 3.4.2005, the petitioner was stated to have scored 455 votes as against 429 votes polled in favour of respondent No.1. 3. The Election Tribunal, having regard to the fact that more than 30 ballot papers which respondent No.1 claims to be validly polled in his favour were rejected at the time of counting of votes on 3.4.2005 and also after taking notice of the fact that if those 30 votes were found valid in favour of respondent No.1, it would materially effect the result of the election, directed recount of the votes vide the impugned order. The Election Tribunal also gave some more reasons in support of its aforesaid direction. 4. Aggrieved, the petitioner-elected Sarpanch has filed this revision petition. 5. While issuing notice of motion on April 20, 2006, it was directed that the recount of votes pursuant to the order passed by the Election Tribunal shall be held, however, the result in terms thereof shall not be notified without permission of this Court. 6. In compliance to the aforesaid order, the learned Civil Judge (Sr. Div.)-cum-Election Tribunal, Gurgaon has sent a report dated 20.7.2006 in a sealed cover which has been opened in presence of learned Counsel for the parties. 7. I have perused the said report and am fully satisfied that the recount of the votes have taken place in a fair, just and transparent manner. The tentative reasons which the learned Election Tribunal gave at the time of ordering recount of the votes stand forfeited by the result of the recount, as can be noticed from the report dated 20.7.2006. 8. In this view of the matter, I do not find any merit in this revision petition which is accordingly dismissed. Learned Civil Judge (Sr. The tentative reasons which the learned Election Tribunal gave at the time of ordering recount of the votes stand forfeited by the result of the recount, as can be noticed from the report dated 20.7.2006. 8. In this view of the matter, I do not find any merit in this revision petition which is accordingly dismissed. Learned Civil Judge (Sr. Div.)-cum-Election Tribunal is at liberty to act upon the result of the recount of votes carried out under his supervision. 9. The parties are directed to appear before the learned Civil Judge (Sr. Div.)cum-Election Tribunal on 8.9.2006. 10. The proceedings of the recount of votes be re-sealed and sent back to the Court concerned.