In the High Court of Punjab & Haryana at Chandigarh
FAO No. 4081 of 2009 (O&M)
Sukhchain Singh ... Appellant
vs
Natha Singh and others .... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Kamaljeet Singh Sidhu, Advocate, for the appellant. Rajesh Bindal J.
Challenge in the petition is to the order dated 27.1.2007 passed by
the Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Bathinda,
whereby the petition filed by the appellant for recounting of votes was dismissed.
Briefly, the facts of the case are that in the Panchayat Election held
on 26.5.2008 appellant alongwith respondents no. 1 to 9 contested the election for
the post of Panch of Village Gill Patti. The result was declared on the same day
and respondent no. 1 was declared as elected. As the appellant was not elected he
filed the petition before the Election Tribunal with the plea that counting of votes
were held illegally. The same having been dismissed, the appellant filed the
present appeal before this court.
Learned counsel for the appellant submitted that the appellant and his
agent were not allowed to raise objections at the time of counting of votes and
their signatures were obtained for declaration of result. In such circumstances,
recounting of votes be ordered and the counting of votes done on 26.5.2008 be
declared as illegal.
After hearing the learned counsel for the appellant and perusing the
paper-book, I find no merit in the appeal for the reasons that the appellant and his
witness Resham Singh had admitted during cross-examination that 185 votes were
polled to the appellant and 200 votes were polled to Natha Singh respondent no. 1.
The submission of the learned counsel for the appellant that he was not allowed to
raise objection is misconceived. It is not the case of the appellant that he was
forced to sign the result. The counting was done in the presence of candidates or
their agents and nobody raised objection at that time. They all admitted the result
to be correct and thereafter signed it. Thus, the learned Tribunal has rightly
dismissed the election petition.
Finding no merit in the appeal, the same is accordingly dismissed.
16.12.2009 ( Rajesh Bindal) vs. Judge