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2019 Supreme(P&H) 2940

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


Advocates Appeared:
Mr. Vikram Singh, Advocate, for the Appellant

JUDGMENT

Harnaresh Singh Gill, J. - The present writ petition has been preferred by the petitioner under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the judgment dated 17.12.2018 (Annexure P-3) passed by the Election Tribunal -cum- Civil Judge (Junior Division), Shahbad, District Kurukshetra, vide which election petition filed by respondent No. 5 was allowed.

FACTS

2. The facts giving rise to the present lis are that respondent No. 5 filed petition under Section 176 of Haryana Panchayati Raj Act 1994 alleging therein that he had filed nomination form to contest the election of Member, Panchayat Samiti from Ward No. 12, Block Shahbad which was accepted by the Returning Officer, Shahbad. The petitioner had also filed nomination form from the same ward. Respondents No. 6 to 11 have also contested the election of Member, Panchayat Samiti from the same ward. Elections for the posts of Sarpanch, Panch amd Member Zila Prishad had taken place on 17.1.2016. The counting of the votes were done on 28.1.2016. The petitioner won the elections with a margin of 51 votes whereas respondent No. 5 remained at second position.

3. Responden

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