Please Log in / Register to access the full text of this judgment and the entire database
(2022) Law Today Live Doc. Id. 17343 = 2022(2) L.A.R. 585
Decided on: 16.08.2022
Present:
Mr. Pardhuman Garg, Advocate for the petitioner.
Mr. V.G. Jauhar, Senior Deputy Advocate General, Punjab.
Mr. G.S. Punia, Senior Advocate, with Ms. Harveen Kaur, Advocate for respondent No.4-Satvir Kaur.
Punjab State Election Commission Act, 1994 (19 of 1994), Section 66 -- Punjab Panchayat Election Rules, 1994, Rule 33 -- Election of Panch – Recounting of Votes -- As per the election petitioner (respondent No.4) four votes were wrongly rejected, whereas as per the petitioner (respondent in the election petition) only two votes were rejected -- There is no clarity from the order as to how many votes were in fact rejected -- Order set aside leaving it open to the Sub-Divisional Magistrate-cum-Election Tribunal, to pass a fresh order within 15 days on the issue of recounting of votes.
(Para 2-6)
***
HARINDER SINGH SIDHU, J. –
1. The petitioner has been declared elected as a Panch of Gram Panchayat Sounti, Tehsil Amloh, District Fatehgarh Sahib, in the election which were held on 13.12.2018. Her election was challenged by respondent No.4 by filing an election petition.
2. The petitioner is aggrieved of the order dated 02.08.2022 (Annexure P/1) passed by the Sub-Divisional Magistrate-cum-Election Tribunal, Amloh, whereby recounting of votes has been ordered.
3. It is contended that there was no material before the Election Tribunal justifying the order for recounting of the votes. Only an apprehension of the election petitioner that some votes cast in her favour have been wrongly rejected, was noticed.
4. Petitioner has won the election by four votes.
5. As per the election petitioner (respondent No.4) four votes were wrongly rejected, whereas as per the petitioner herein (respondent in the election petition) only two votes were rejected. There is no clarity from the order as to how many votes were in fact rejected.
6. In view thereof, the order dated 02.08.2022 (Annexure P/1) is set aside leaving it open to the Sub-Divisional Magistrate-cum-Election Tribunal, to pass a fresh order within 15 days on the issue of recounting of votes.
7. Petition stands disposed of accordingly.
Order accordingly.
********