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2019 Supreme(P&H) 2796

A.B.CHAUDHARI, HARNARESH SINGH GILL
Rajesh Kumar – Appellant
Versus
State Of Haryana & Ors. – Respondent


Advocates Appeared:
Suneel Ranga, Advocate, for the Appellants; Ms. Tanisha Peshawaria, DAG, Haryana, for the Respondent; Vikram Singh, Advocate, for the Respondent No. 9

JUDGMENT

A.B. Chaudhari, J. - The petitioner herein challenges the declaration of result dated 10.1.2016 (Annexure P-5), impugned order dated 10.1.2016 (Annexure P-6) and notification dated 10.2.2016 (Annexure P-12) in the matter of election for the post of Sarpanch of village Pathri, Block Israna, District Panipat.

2. The principle ground on which the present writ petition has been filed is that the procedure, required to be followed, when there are equal number of votes to the candidate winning the election and the rival petitioner, was not followed as laid down in the Act and the Rules. The averments of the petition itself indicates that the petitioner relied on the Full Bench judgment of this Court in the case of Prithvi Raj vs. State Election Commission, Punjab and others, 2007 (3) PLR 453 and some other judgments of this Court to buttress the contention that the writ petition would be maintainable rather than the election petition. According to the learned counsel for the petitioner, the High Court can bypass the self imposed rule not to entertain a writ petition in the extra ordinary writ jurisdiction when according to him, it is a glaring case that exists in favour of the pet

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