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2018 Supreme(P&H) 1877

AJAY TEWARI
Bohar Singh – Appellant
Versus
Presiding Officer, Election Tribunal (ADC), Moga Distt Moga – Respondent


Advocates:
Advocate Appeared:
J.S. Brar, Ajay Pal Singh Gill, Rajesh Bhateja, Aakash Singla, D.V. Sharma, Shivani Sharma, Advs.

JUDGMENT & ORDER :

AJAY TEWARI, J.

1. This appeal has been filed against the judgment and order of the Election Tribunal allowing an election petition.

2. The brief facts are that elections to the post of Sarpanch of Village Bhaloor, Tehsil Bagha Purana, District Moga were held on 03.07.2013. The appellant was declared elected having obtained 1695 votes while respondent No.2 obtained 1367 votes. The respondent No.2 filed an election petition which having been allowed the present appeal has been filed. In the petition main allegations were as follow :-

(i) 9 persons were living abroad, 4 were absent but their votes were cast in favour of the appellant by impersonation with the active connivance of the polling staff.

(ii)There were 9 persons who had their votes and identity cards in villages other than Bhaloor but their votes were also cast.

(iii)The election staff did not verify the votes with the electoral list.

(iv) That in booth No.10, 19 votes, in booth No.12, 10 votes and in booth No.13, 11 votes which had been cast in favour of respondent No.2 were destroyed.

(v)The votes obtained by another candidate i.e. Resham Singh-respondent No.3 in the present case were actually 425 but in form























































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