JUDGEMENT
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(1.)Petitioner has challenged the legality of the action of Returning Officer in recording the proceedings in Form 9 in violation of the provisions of the Punjab State Election Commission Act, 1994 (hereinafter referred to as the "Act") and has prayed for direction to the State Election Commission, Punjab to hold fresh polling after countermanding the election, on the ground of booth capturing, before the declaration of the result.
(2.)In brief, the elections of various Gram Panchayats in the State of Punjab were notified by the State Election Commission, Punjab, on 19.06.2013 and the votes were polled on 03.07.2013. The election of Sarpanch of Gram Panchayat of village Gurusar, Tehsil Gidderbaha, District Muktsar, Punjab, was also held on 03.07.2013 in which there were 5 candidates in the fray. The votes were polled for the post of Sarpanch in booth nos.53, 54, 55, 56, 57 & 58. After conclusion of the poll, the ballet papers in respect of 11 Panches, from different wards were counted and thereafter, the votes polled for the election of Sarpanch were also counted in booth no.53 under the supervision of the Assistant Returning Officer.
(3.)According to the petitioner, while the counting was in progress, at around 10.30 p.m., about 100 persons entered the booth forcibly, vandalized the booth and took away the entire material including the ballet papers, ballet boxes and concerned documents. In this regard, the Presiding Officer-cum-Returning Officer of booth no.53 got registered FIR No.79 dated 04.07.2013 in Police Station Gidderbaha. It is alleged by the petitioner that it was admitted in the FIR that the counting process was in progress when the incident took place. It is also alleged that the information about that incident was passed on to the Senior Officers including the Sub Divisional Magistrate, Deputy Superintendent of Police and the Deputy Commissioner. It is further averred in the petition that in the early hours on 04.07.2013, the Returning Officer, under the political pressure to declare respondent no.6 elected, as he belongs to the ruling party, filled Form 9 while recording fictitious entries of votes in complete violation of Section 67 of the Act and Rules 33 of the Punjab Panchayat Election Rules, 1994 (hereinafter referred to as the "Rules").
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