SWATANTER KUMAR, J. - (1.) This Full Bench has been constituted to resolve the controversy arising from two divergent views expressed by different Division Benches of this Court on the interpretation and scope of Section 176 (4) (b) of the Haryana Panchayati Raj Act, 1994, hereinafter referred to as the Act. The controversy falls within a narrow compass but involves question of public importance. What is the extent of the right of a candidate to demand recount or scrutiny and computation of votes while challenging the validity of an election on the grounds stated in the said provisions, is the precise question to be answered. In other words, upon discern dissection of these legislative provisions, whether such right of the candidate is absolute and to be granted for the mere asking or a candidate is obliged to make out at least a prima facie case, as condition precedent, before requesting the Court to direct recount.
(2.) Civil Writ Petition No. 17321 of 1995 was admitted to hearing by a Division Bench of this Court vide order dated 5-12-1995. When the matter came up for hearing before the learned Single Judge, conflict in the judgments of two different division benches of this Court was noticed by the learned Single Judge who considered it appropriate to refer the matter to a Full Bench. On 17-1-1996 following order was passed by the Court :-Present :- Mr. R. S. Surjewala, Advocate, for the petitioner.Mr. S. S. Khetarpal, Advocate, for the respondents.The learned counsel for the petitioner relies on a judgment of this Court in CWP No. 9671 of 1995 dated 6-10-1995. Another Division Bench of this Court has taken a different view in CWP No. 6381 of 1995 dated 20-10-1995. Thus, there is a conflict in regard to the interpretation of Clause (b) of sub-section (4) of Section 176 of the Haryana Panchayati Raj Act. I am of the opinion that this conflict has to be resolved by a larger bench. I, therefore, direct the office to place the matter before my Lord the Chief Justice for appropriate orders as to the posting of this matter either before a Division Bench or before a Full Bench.(T.H.B. Chalapathi)January 17, 1996. Judge.
(3.) Another writ petition, being Civil Writ Petition No. 14990 of 1996, was admitted and was directed to be heard along with Civil Writ Petition No. 17321 of 1995. Resultantly, both these writ petitions have been listed for hearing before the Full Bench.;