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2006 Supreme(P&H) 4392

S.S.NIJJAR, S.S.SARON
Lillu Ram – Appellant
Versus
Additional Civil Judge (Sr. Division), Gurgaon – Respondent


Advocates Appeared:
For the Appellant :Mr. Ashok Aggarwal, Senior Advocate and Mr. Mukul Aggarwal, Advocate.
For the Respondents:Mr. M.L. Sarin, Senior Advocate and Mr. Hemant Sarin, Advocates.
IMPORTANT
Panchayat Election Re counting of votes cannot be directed on mere asking.

JUDGMENT

S.S. Nijjar, J. - This Letters Patent Appeal is against the order dated 25.07.2006, passed by the learned Single Judge in C.W.P. No. 172 of 006.

2. The elections to the Gram Panchayats in the State of Haryana were held on 9.4.2005. The appellant Lillu Ram contested the election for the office of Sarpanch, Gram Panchayat, Nathupur, Tehsil and District Gurgaon. There were eight candidates including the appellant and Smt. Shiela (Respondent No. 2) who contested for the office of Sarpanch. In the elections that were held, the appellant secured 973 votes whereas Smt. Sheela (Respondent No. 2) secured 971 votes. There was, therefore, a difference of two votes only between the said two candidates. After declaration of the election result, Smt. Sheela (Respondent No. 2) filed an election petition dated 29.4.2005 (Annexure P-1) under Section 176 of the Haryana Panchayati Raj Act, 1994 ("Act" for short). The said provision provides for the determination of validity of election inquiry by Judge and the procedure therefor. The election petition was registered as Petition No. 18 of 2.5.2005. The Respondent No. 2 in her petition also sought the re-counting of votes and for nullifying th




















































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