- (1.)This is a petition filed under Article 227 of the Constitution of India by way of civil revision praying for quashing of order dated 21.8.1997 passed by Civil Judge, Senior Division, Panchkula, and to allow the petition for quashing of the election of Sarpanch of Gram Panchayat of village Masoompur, Sub-Tehsil Raipur Rani, District Panchkula (earlier District Ambala) and for declaring the petitioner to be a duly elected Sarpanch of Gram Panchayat, Masoompur.
(2.)The petitioner contested the election for the post of Sarpanch of the said Gram Panchayat, Masoompur. Respondent No. 2 was the other candidate who contested the said election. The petitioner polled 64 votes as against respondent No. 2, who polled 79 votes and was declared elected. According to the averments made in the petition, the petitioner secured 24 more votes which were polled in his favour but which were double stamped by Mr. Jagdish Singh Negi, Presiding Officer-respondent No. 3 in connivance with respondent No. 2. The petitioner filed an election petition under Section 176 of the Haryana Panchayati Raj Act, 1994 (for short 'the Act') in the Court of Civil Judge, Senior Division, Ambala, on the grounds, inter alia, that respondent No. 3 in connivance with respondent No. 2 indulged in mal-practice while conducting the poll for the election of Sarpanch. It was also alleged that the agents and the candidates were not allowed to sit inside the polling booth. The petitioner made a complaint to the Block Development and Panchayat Officer (for short BDPO), Incharge of the election of Block Raipur Rani. The petitioner met BDPO immediately gave a chit to the petitioner addressed to the Presiding Officer directing him to allow the agents and candidates to sit inside the polling booth. However, by that time, most of the votes had been polled. The petitioner also made a complaint to the Supervisory Staff against the Presiding Officer and the Supervisory Staff disallowed him to do the function of the Presiding Officer-Jagdish Singh Negi aforesaid and appointed one Shri Guru Ram, the Member of the Supervisory Committee, as Presiding Officer, Thereafter, only four votes were polled. The Presiding Officer, Shri Jagdish Singh Negi had already done his work by double stamping the votes which were polled in favour of the petitioner. The petitioner also furnished the names of Mehar Chand, Smt. Parkash, Suresh, Ram Parkash and Charan Dass etc. who were allowed to vote twice. It was alleged that three votes were cancelled due to double stamping for Block Samiti whereas 24 votes for the post of Sarpanch were cancelled due to double stamping. It was alleged that there was only a difference of 15 votes between the returned candidate and the petitioner. The petitioner contended that if the votes polled in his favour had not been stamped twice, he would have been elected Sarpanch of the village. It was due to the mal-practice of respondent No. 2 and the Presiding Officer-respondent No. 3 that the petitioner was defeated in the election for the post of Sarpanch. The learned Civil Judge (S.D.) dismissed the petition. This petition is directed against the impugned order dated 21.8.1997 passed by the learned Civil Judge (S.D.) Panchkula, dismissing the election petition.
(3.)Notice of motion was issued to the respondents. Respondent No. 1-Civil Judge, Senior Division, Panchkula, was impleaded as a proforma party, while respondent No. 2 is the returned candidate and respondent No. 2 Jagdish Singh Negi is the Presiding Officer against whom the allegations of mal-practice were levelled. On behalf of respondents Shri S.S. Dinarpur, Advocate put in appearance I have heard Shri Bhag Singh, learned counsel for the petitioner and Shri S.S. Dinarpur, learned counsel for respondent No. 2-returned candidate and have perused the judgment of the learned Civil Judge (S.D.), Panchkula.