- (1.) As identical questions of law and facts are involved, therefore, I propose to dispose of indicated Civil Revision No. 478 of 2014 titled Sahbana Ram v. Presiding Officer, Election Tribunal-cum-Sub-Divisional Magistrate Samana and others (for brevity "the 1st case") and Civil Revision No. 521 of 2014 titled Paramjit Kaur v. Presiding Officer, Election Tribunal-cum-Sub Divisional Magistrate Samana and others (in short "2nd case), arising out of the similar impugned orders, between the parties, by virtue of this common judgment, in order to avoid the repetition. However, the crux of the facts, which needs a necessary mention for the limited purpose of deciding the core controversy involved in the instant petitions have been extracted from Civil Revision No. 478 of 2014 titled Sahbana Ram v. Presiding Officer, Election Tribunal-cum-Sub Divisional Magistrate Samana and others (1st case). The contour of the facts and material, culminating in the commencement, relevant for disposal of the instant petitions and emanating from the record, is that, in the wake of general elections for the post of Sarpanch of Gram Panchayat of village Dera Chinia Wala, District Patiala, petitioner Sahbana Ram son of Narmata Ram secured 205 votes. At the same time, respondent No. 2-Balwinder Kaur wife of Sher Singh has also secured equal numbers of (205) votes, each out of the total polled valid votes. Consequently, petitioner-Sahbana Ram was declared elected on the basis of Toss/lot, by the Returning Officer, for the post of Sarpanch, vide Form IX (Annexure P-1). Sequelly, petitioner-Paramjit Kaur wife of Nidhan Singh and respondent No. 2-Jasvir Kaur wife of Surjit Singh (in 2nd case) secured the equal number of 229 votes, each out of the total polled valid votes. Petitioner-Paramjit Kaur was declared elected Sarpanch of Gram Panchayat of village Dera Boharwala, District Patiala, on the basis of Toss/lot.
(2.) Aggrieved thereby, respondent No. 2-Balwinder Kaur (in 1st case) has preferred the election petition, to challenge the election of the post of Sarpanch. The another election petition was filed on similar grounds by respondent No. 2-Jasvir Kaur (in 2nd case), under Section 76 of The Punjab State Election Commission Act, 1994 read with Rule 50 of The Punjab Panchayat Election Rules, 1995. The petitioners (herein) contested the election petitions, filed the replies/written statements (Annexure P-3). The respondent No. 3-Presiding Officer has also filed the reply (Annexure P-4) in both the election petitions.
(3.) Likewise, the Election Tribunal taking into consideration the fact that both the candidates have secured equal number of votes and were elected by way of Toss/lot, ordered the recounting of the votes, in order to arrive at a right conclusion, vide impugned orders dated 08.01.2014 (Annexure P-5).;