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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SURESHWAR THAKUR, VIKAS SURI
Mohinder Singh – Appellant
Versus
Bhagwan Dass – Respondent
JUDGMENT :
Sureshwar Thakur, J.
1. Through the instant writ petition, the petitioner herein, prays for the quashing of the judgment dated 07.10.2023 (Annexure P10), as passed by the learned Civil Judge (Jr. Divn.), Panipat-Election Tribunal under the Haryana Panchyati Raj Act, 1994 (hereinafter for short called as the Act of 1994) wherebys, the election of the petitioner to the office of Sarpanch, Gram Panchayat Ahar, District Panipat has been set aside by accepting the election petition filed by respondent No.1, besides seek the quashing of the judgement dated 28.05.2024 (Annexure P-12), as passed by the learned Addl. District Judge, Panipat-Appellate Authority under the Act of 1994, wherebys, the judgment rendered by the election Tribunal has been upheld. Resultantly, fresh elections were directed to be conducted to the seat of Gram Panchayat Ahar, District Panipat.
Factual Background.
2. The petitioner contested the election for the Office of Sarpanch, Gram Panchayat Ahar, District Panipat alongwith seven other candidates. After counting of votes the petitioner was declared elected by a margin of 34 votes, having polled 1339 votes, whereas, his nearest rival i.e. respondent No. 1, t
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....
.
The election for Sarpanch was declared void due to procedural violations and manipulation in vote counting, emphasizing the necessity of following established electoral processes.
The election result cannot be set aside for procedural errors unless they materially affect the outcome or are proven to be corrupt.
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