PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Amit – Appellant
Versus
Rakam Singh – Respondent
JUDGMENT :
Sureshwar Thakur, J.
Through the instant writ petition, the petitioner seeks the quashing of the order dated 10.11.2023 (Annexure P-3), wherebys the Election Petition filed by the respondent No.1 under Section 176 of the Haryana Panchayati Raj Act, 1994 (for short the Act of 1994), was partly allowed. Moreover, the petitioner also seeks the quashing of the order dated 12.3.2024 (Annexure P-4), whereby the appeal filed by the present petitioner against the order supra order dated 10.11.2023 became dismissed by the learned appellate authority concerned.
Brief facts of the case
2. The elections to the post of Sarpanch of Gram Panchayat Khalila Majra under the Act of 1994 were notified through the apposite notification, whereafter the nomination papers were to be filed by the candidates concerned, before the Returning Officer concerned. The said election program was notified to commence on 14.10.2022, and, to end on 19.10.2022. The scrutiny of the nomination papers was done on 21.10.2022 and the symbols were allotted to the candidates. It is further averred that the polling of the votes and the counting of the votes, was to be done on 2.11.2022, and, that the declaration of resu
Proper comparison of signatures and adherence to established legal principles are crucial in determining the validity of elections and allegations of corrupt practices.
The Election Tribunal's order for recounting was justified due to the Election Officer's failure to follow statutory procedures, affecting the election result.
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Point of Law : Election Result – Challenged - Election petition had a jurisdictional error, therefore, the Tribunal was not justified to go into it as the very basis of exercising the jurisdiction wa....
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