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 results was also to be done on the said date. The petitioner and respondent No.1 both got 302 and one vote was NOTA, and, the petitioner was declared as winner on the basis of draw of lots.

3. Respondent No. 1 Rakam Singh filed an Election Petition under the Act of 1994 seeking relief thereins, to set aside the election of the petitioner, as Sarpanch of the Gram Panchayat concerned, and, with a consequential relief of declaring him, as the winner for the post of Sarpanch of the Gram Panchayat concerned. It was also prayed therein, that respondents No. 2 and 3 be restrained from giving charge to the petitioner as Sarpanch of the Gram Panchayat concerned.

4. During the pendency of the said petition, respondent No. 1 herein, moved an application, thus for issuance of directions upon respondents No. 2 and 3, to produce voter entry register containing signatures of the voters. The learned Court concerned, through an order made on the said application, on 14.12.2022, directed respondents No. 2 and 3, to produce the voter entry register along with the list of voters who cast their votes in the elections held on 2.11.2022. In pursuance to the order (supra), the Village Secretary of the village concerned, submitted the list of voters and register of voters containing signatures of the voters in two sealed covers.

5. Subsequently, vide the impugned order dated 10.11.2023 (Annexure P-3), the petition (supra) was partly allowed by the learned Court concerned, wherebys the election of the petitioner to the concerned post was set aside. The operative part of the order (supra) becomes extracted hereinafter.

"51. On the basis of discussion made herein above, present election petition is partly allowed to the effect that election of respondent No. 1 to the post of Sarpanch of Gram Panchayat Khalila Majra, Panipat by result dated 2.11.2022 is set aside. Respondent No. 2 and 3 are directed to hold fresh elections as per provisions of the Haryana Panchayati Raj Act, 1994. Learned Government Pleader for respondent No. 3 is directed to intimate respondents No. 2 and 3 in this regard for information and necessary compliance. Respondent No.1 shall immediately relinquish the charge of Sarpanch of Gram Panchayat Khalila Majra, Panipat accordingly. Petition partly allowed accordingly. Parties shall bear their own costs. Memo of cost be prepared accordingly and file be consigned to record room"

6. Being aggrieved therefrom, the petitioner preferred an appeal before the learned appellate authority concerned. However, through the impugned order dated 12.3.2004 (Annexure P-4), the said appeal became dismissed.

Submissions of the learned counsel for the petitioner

7. The learned counsel for the petitioner has argued, that the both the Courts below have wrongly relied upon the document (voter