JUDGMENT
Surya Kant, J.
1. The election for the office of Sarpanch of Gram Panchayat, Village Jhund Sarai, Block and Tehsil, Farrukh Nagar, District Gurgaon was held on 3.4.2005. Undisputedly, there were total 1050 votes out of which 883 were polled. According to the petitioner, he had secured 283 valid votes whereas the first respondent got 278 votes and as such the petitioner was declared elected. However, it is alleged that the Returning-cum- Presiding Officer, namely, respondent No. 5 changed the result next day and respondent No. 1 was shown to have received 281 votes as against 280 votes polled in favour of the petitioner. In this manner, respondent No. 1 was declared elected by a difference of one vote.
2. Aggrieved, the petitioner has filed an election petition in which he also moved an application under Section 176(4)(b) of the Haryana Panchayati Raj Act, 1994 for scrutiny and computation of the valid votes polled in favour of all the candidates. The said application having been dismissed by the Election Tribunal, he has approached this Court.
3. The scrutiny and computation of the votes i.e.recount has been sought by the petitioner mainly on the ground that two votes of dead persons have been shown to have been polled in favour of respondent No. 1 and 15 votes which were otherwise valid in favour of the petitioner, have been erroneously cancelled. Similarly, there are 41 votes which are stated to have not been accounted for.
4. The above-stated allegations, however, are strongly refuted by learned Counsel for respondent No. 1.
5. After hearing learned Counsel for the parties at length and having regard to the fact that there is a margin of one vote only and if the allegations levelled by the petitioner are found to be true even partially, the result of the election is likely to be materially affected and also keeping in view the principles laid down by this Court in the case of Radha Kishan v. Election Tribunal-cum-Sub Judge, Hissar 1999 (2) PLJ 78, this petition is allowed. The impugned order dated 22.5.2006 is set aside and the Additional Civil Judge (Sr.Div.)-cum-Election Tribunal, Guragon is directed to hold scrutiny and computation of the valid votes polled in favour of all the candidates within one month on receipt of copy of this order. The necessary consequences, if any, based upon the final outcome of the recount would, obviously follow.