CWP-29714 of 2019

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP-29714 of 2019 (O&M)

Date of decision:- 10.05.2021

Gurdev Singh

...Petitioner

Vs.

Presiding Officer and others

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Mr. K.S. Dhaliwal, Advocate and

Mr. K.P.S. Virk, Advocate

for the petitioner.

Mr. Hitesh Pandit, Addl.A.G Haryana

Mr. Amit Jain, Advocate

for the applicant-respondent No. 3.

***

Ritu Bahri, J. (Oral)

The present writ petition has been filed under Article 226/227

of the Constitution of India, for issuance of writ in the nature of certiorari,

seeking quashing of judgment dated 18.09.2019 (P-1), passed in Election

Petition No. 1 of 2017, filed by respondent No. 3, whereby the election

result dated 28.05.2017 for the post of Sarpanch, Village Nissing Gramin ,

declared in favour of the petitioner by the Returning Officer , has been

declared illegal, null and void by respondent No. 1.

Brief facts of the case are that the election result to the post of

Sapanch, Village Nissing Gramin was declared on 28.05.2017 and after

counting of votes, the petitioner was declared elected as Sarpanch of Village

Nissing Gramin, in pursuance of the election process. The date of filing of

nomination was 12.05.2017 to 17.05.2017 and the scrutiny of papers was

GAURAV ARORA

2021.07.01 11:01

I attest to the accuracy and

integrity of this document

Chandigarh

CWP-29714 of 2019

2

conducted on 18.05.2017. The last date of withdrawal of candidature was

19.05.2017. The petitioner fought the election under the election symbol of

'Bicycle' and was declared elected on securing 492 votes as against that of

respondent No. 3, who secured 485 votes and respondent No. 4, who

secured 257 votes.

Before initiation of the election process, in terms of Section

164 of the Haryana Panchayati Raj Act, 1994 (herein after to be referred as

'Act, 1994'), the preparation of list of voters was initiated and the objections

to the tentative voters list was to be submitted till 28.02.2017. As per

election notification dated 27.02.2017, the last date of filing appeal under

Rule 10 (2) against the objections decided under Rule 10 (1) was fixed as

06.03.2017 and the last date for disposing of the appeal in term of Rule 10

(2) and (3) was fixed as 15.03.2017 and the last date for deletion of names

was fixed as 20.03.2017, after publishing of final electoral roll, the

notification for conduct of election under Rule 24 of Haryana Panchayati

Raj (Election) Rules, 1994 and Section 161 (1) and 211 (2) of Act, 1994

was issued on 03.05.2017 (P-2).

As per objections to the voter list filed by various persons, 185

names were struck off from the voter list and thereafter, respondent No. 3 as

well as petitioner and others have also marked their presence at the time of

hearing of the objections, which has been admitted by respondent No. 3 in

his cross-examination that he had signed Exhibit R-1 (P-3), recording his

satisfaction with regard to inquiry being conducted into double votes,

pertaining to Municipal Committee, Nissing and Nissing (Grammin).

Respondent No. 3 had challenged the election of the petitioner

on the ground that about 150 voters cast their votes in the recently held

GAURAV ARORA

2021.07.01 11:01

I attest to the accuracy and

integrity of this document

Chandigarh

CWP-29714 of 2019

3

election of Municipal Committee, Nissing and their names are illegally

included in the voter list of present election under challenge and they

illegally cast their votes in the present election also. About 150 illegal votes

were found to be double in the voter list of recently held election of

Municipal Committee, Nissing and in the voter list of Panchayat Election,

2017 of village Nissing (Gramin).

Learned counsel for the petitioner submits that no finding has

been recorded by respondent No. 1 while allowing the election petition that

the persons who had double vote