A.N. JINDAL, J.

1. This judgment shall dispose of two Appeals i.e. LPA No.68 of 2010 filed by Ravinder Kumar Rawal and another LPA No.1617 of 2010 filed by Deputy Commissioner, Panchkula and another, both arising out of the common judgment dated 08.01.2010 passed by Single Bench of this Court. However, the facts are taken from LPA No.68 of 2010 for adjudicating both the appeals.

2. Having travelled through the hierarchy of Tribunals as set out under the Haryana Municipal Act, 1973 (herein referred as `the Act of 1973') for challenging the election by an unsuccessful candidate for the Presidentship of the Municipal Council, Panchkula, the verdict has been recorded by the Election Tribunal and the Appellate Authority in favour of respondent No.1 - V.K. Sood. Consequently, the appellant - returned candidate, namely Ravinder Kumar Rawal (herein referred as ‘the appellant’) also lost before the Single Bench of this Court. His election was set aside on the following grounds:-

(1) The procedure as followed by the Returning Officer in preparing the electoral rolls and marking of serial numbers on the ballot papers amounts to breach of secrecy, which was considered as material irregu