ORDER
V.K. Bali, J.
1. Gurcharan Singh through present petition filed by him under Article 226 of the Constitution of India seeks issuance of a writ in the nature of certiorari so as to quash/set aside the order passed by Civil Judge (Senior Division) Sirsa dated 21-9-1996 in case 49 E.P.
2. Brief facts giving rise to the writ reveal that elections to elect a Sarpanch and Panches of village Rohan were held on 15-12-1994 and the petitioner was duly elected as Sarpanch of the village. Respondent being aggrieved from the result of counting of election, filed an election petition before Senior Sub-Judge Sirsa. On 13-6-1995 respondent filed an application for scrutiny and computation of votes and the petitioner also filed reply to the application. Thereafter on 14-10-1995 the records of ballot papers/boxes were called and opened in the open Court and the learned Senior Sub Judge mentioned in his order after look! ng the seals of the ballot boxes that four seals were not found intact and they were partly broken. The Counsel for the petitioner objected and stated that the possibility of the seals having been tampered with cannot be ruled put. The learned Civil Judge (SeniorDivision) Sirsa passed order on 21-9-1996 vide which he allowed the petition of respondent Madan Singh and he was declared a winning candidate as Sarpanch. It is this order of the learned Civil Judge (Senior Division) as mentioned above that has been challenged in the present writ petition.
3. This matter has been coming up for hearing from time to time and after hearing the arguments in sufficient details, the Court passed the following order on 5-12-1997 :–
“During the course of arguments it was conceded by the learned counsel representing the parties that all the votes whether valid or invalid be counted by an expert to be appointed by this Court and the result of the election be declared in view of the report submitted by the expert. In view of the statement made by the parties, Mr. Mangat Singh Assistant Chief Eleclrol Officer, Haryana at Chandigarh is appointed to recount the votes valid or invalid and submit his report by 8-1-1998,
The votes have already since been summoned (sic). The seal was opened. All the votes be against sealed in the presence of the learned counsel for the parties. The expert would give a date to the parties or their counsel when he counts the votes. The rumeneration of the expert is assessed at Rs. 5,000/- to be shared by the parties equally. A copy of the order be sent to Shri Mangal Singh Assistant Chief Electoral Officer at Chandigarh. Order Dasti.”
Pursuant to the order referred to above, Shri Mangal Singh Tehsildar Election, Rohtak who was earlier Chief Electoral officer Haryana has submitted his report. The report would clearly show that the petitioner secured 351 votes whereas Modan Singh polled 334 votes. Counting of the votes was carried in the presence of the Counsel representing the parties and even though objections were raised by both the learned counsel but at the end of counting, there was no objection from any side. The Tehsildar Election, Rohtak has also given reasons why 24 votes needed to be rejected.
4. In view of the interim order referred to above as also the report of Sh. Mangal Singh, Tehsildar Election, Rohtak dated 8-1-1998 this petition has to be allowed. As referred to above the learned counsel for the parties clearly stated on 5-12-1997 that the result of the election should be declared in view of the report that was to be submitted by the expert. The petitioner polled more votes than the contesting respondent and therefore, his election to the post of Sarpanch was in order. The impugned order dated 21-9-1996 passed by Civil Judge (Senior Division) Sirsa is set aside. The parties, are, however left to bear their own costs.