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2010 Supreme(P&H) 851

RAKESH KUMAR JAIN
Ranjit Kaur – Appellant
Versus
Harjinder Kaur – Respondent


Judgment

Rakesh Kumar Jain, J.

1 This appeal is directed against order dated 22.9.2009 passed by Election Tribunal, Amritsar, whereby election petition filed by respondent Nos. 1 to 6 against the appellant has been allowed.

2 Brief facts of the case are that meeting for the election of Sarpanch of Panchayat of nine members was held on 2.8.2008 which could not materalise as none of the Panch attended the meeting which was adjourned to 06.8.2008. On the adjourned date, all the nine members were present. There were three groups of having equal number of votes in their favour, Meaning thereby that one member proposed name of the candidate and other members seconded him. In this background, the Returning Officer held draw of lots in which appellant got one extra vote and was declared elected. Respondent Nos. 1 to 6 challenged the election of the appellant by way of filing an election petition on the ground that no meeting was held on 06.8.2008 and it was adjourned to 8.8.2008. On this plea, election of the appellant was set aside by the Tribunal.

3 At the very out set, learned counsel for the appellant has referred to the record of the case which was summoned by this Court vide order dat














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