Gokal Chand Mital, J. - (1.) FOR the election of Sarpanch for Gram Panchayat Ugala, District Ambala, polling was held on 27th June, 1983 amongst three candidates, namely Hukam Singh, Gurcharan Singh and Narinder Kumar. Two separate polling booths were provided in the building of Government High School, Ugala. In each of the polling booths, three separate ballot boxes containing the name of each of the candidates were placed. After the polling was over the Returning Officer counted the votes, which were found in the two ballot boxes placed in each of the two booths regarding Gurcharan Singh candidate. Then the counting of ballot boxes of Narinder Kumar was undertaken. His ballot box relating to booth No. 1 was opened and the ballot papers contained therein were counted. When his ballot box kept in booth No. 2 was opened, it was found that acid was poured in the same, as a result of which portions of some ballot papers were destroyed. The Returning Officer 'stopped the proceedings at that stage and did not count the ballot papers polled in favour of Narinder Kumar relating to booth No. 2. The ballot boxes relating to the third candidate Hukam Singh were not opened and the votes polled by him were not counted. He sent the report to the Deputy Commissioner and the Deputy Commissioner by order, dated 9th July, 1983 (copy Annexure P -2) on the basis of the enquiry report submitted by the Sub -Divisional Officer (Civil), Ambala, declared the polling in booth No. 2 as invalid under Rule 30(1) of the Haryana Gram Panchayat Election Rules, 1971 as amended upto date (hereinafter called 'the Rules') and ordered that the voting of all the three candidates relating to polling in booth No. 2 should be held afresh. While doing so regarding the report of the Enquiry Officer, the following observations were made in the order: According to his enquiry acid was found in the poll boxes of booth No. 2 of Shri Narinder Kumar and some portions of the ballot papers were also found burnt. Against the aforesaid order Hukam Singh and Gurcharan Singh filed this writ petition to impugn the action of the Deputy Commissioner, who ordered repoll of only booth No. 2 and made the following two prayers: (i) that fresh poll of both the booths should take place; (ii) in the alternative the counting should continue and the result be declared.
(2.) THE third candidate Narinder Kumar also felt aggrieved with that order and filed Civil Writ Petition No. 3388/1983 in this Court and prayed for the quashing of the order of Deputy Commissioner being illegal and without jurisdiction and for issue of a direction to proceed with the counting of votes and declaration of results. Since both the writ petitions arise out of the same proceedings, they are being disposed of by this common judgment. After hearing the learned Counsel for the parties we are of the view that the alternative prayer made by the Petitioners in Civil Writ Petition No. 3368 of 1983 and the prayers made by the third candidate in Civil Writ Petition No. 3388 of 1983 deserves to be accepted.
(3.) BEFORE we go to interpret the rule under which power has been exercised, the facts of the case deserve to be stated. We had called for the disputed ballot box, which was produced before us during hearing. The ballot box was found to be made of iron sheet and was strong enough and was probably one of the boxes which was used for the election of the membership of Legislative Assembly or the Parliament. The same was in perfect order and was in no way tampered with. Under our orders the seal was removed and box was opened. After seeing the ballot box we found that due to pouring of little acid in the same probably through the hole through which ballot paper is inserted, some portions of the ballot papers were destroyed, without affecting the ballot box. The ballot box was again sealed in our presence by the Returning Officer and was ordered to be taken back alongwith other ballot boxes.;