RAJ KUMAR Vs. MUKHTYAR SINGH AND OTHERS
LAWS(SC)-2014-4-175
SUPREME COURT OF INDIA
Decided on April 22,2014

RAJ KUMAR Appellant
VERSUS
Mukhtyar Singh And Others Respondents





Cited Judgements :-

RANBIR SINGH VS. ZILE SINGH [LAWS(P&H)-2019-3-193] [REFERRED TO]


JUDGEMENT

- (1.)We have heard learned counsel for the parties.
(2.)Leave granted.
(3.)This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court in Civil Revision No. 8458 of 2010 dated 1.4.2011 dismissing the Revision Petition filed by the appellant herein. The appellant and the respondent No.1 were both candidates for Sarpanch of the Gram Panchayat, Gopalgarh, Tehsil Hodal, District Palwal, Haryana. It appears that both the appellant and Respondent No.1 got equal number of votes. Thereafter in the resulting draw of lots, respondent No. 1 was declared elected. His election was challenged by the appellant by filing an Election Petition under Sec. 176(4) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the Haryana Act). The Election Petition was filed in the Court of Civil Judge, Senior Division, Palwal. However, it appears that the petition was not presented to the Court by the appellant in person. Consequently, relying on the provisions contained in the Representation of People Act, 1950 in particular, Sections 80 and 81, the Election Petition was dismissed. The appellant thereafter filed a Revision Petition in the High Court, as noticed above. The aforesaid Revision Petition has also been dismissed by the High Court.


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