LISA GILL, RITU TAGORE
Jakriya – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Lisa Gill, J.
Prayer in this writ petition is for setting aside result dated 12.11.2022 of the election to the post of Sarpanch, Gram Panchayat, Rahaka, Tehsil Sohna, District Gurugram whereby respondent No. 4 has been declared to be elected candidate. There is a further prayer for a direction to respondent No. 2 to correct anomalies occurring in the voters list and to conduct re-election to the abovesaid post of Sarpanch.
2. It is submitted that petitioners are the contesting candidates, who lost election to respondent No. 4. Challenge has been raised to election of respondent No. 4 to the post of Sarpanch, Gram Panchayat, Rahaka, Tehsil Sohna, District Gurugram on the ground that bogus votes were cast in this election. It is contended that difference of votes polled in favour of respondent No. 4 and petitioner No. 1 is of seven votes only whereas petitioners have given a list of nine votes, which have been erroneously cast and that too in favour of respondent No. 4. It is contended that allegations as are being raised are not covered under the provision of Section 176 of the Haryana Panchayati Raj Act , 1994 (for short - 1994 Act'), therefore, present writ petition is ma
Mohinder Singh Gill v. The Chief Election Commissioner, New Delhi
The validity of the elections must be tested in election petitions under Section 176(5) of the 1994 Act.
The requirement of evidence to prove that the result of the election was materially affected due to a defect in the Electronic Voting Machine is essential for granting relief under Article 226 of the....
An election can only be declared void based on substantial evidence and specific grounds enumerated in the governing election rules.
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