RAJESH BHATIA Vs. CHAIRMAN HN MUNICIPALITIES ELECTION TRIBUNAL
LAWS(P&H)-2008-4-80
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 22,2008

RAJESH BHATIA Appellant
VERSUS
Chairman Hn Municipalities Election Tribunal Respondents

JUDGEMENT

SURYA KANT,J - (1.) THIS revision petition is directed against the order 10.8.2006 passed by the learned Election Tribunal, ordering recount of the votes, polled in respect of election from Ward No. 11 to the Municipal Corporation, Faridabad. It may, however, be noticed that the impugned order dated 10.8.2006 was passed by the Election Tribunal in continuity of the previous order dated 11.7.2006, which has also been assailed by the petitioner during the course of hearing.
(2.) THE facts may be noticed briefly. Election to the Municipal Corporation, Faridabad was held on 30.4.2005. The petitioner as well as respondent Nos. 2 to 13 contested the same from Ward No. 11. There were total 18519 votes in Ward No. 11 out of which 11181 were polled. While the petitioner got 2113 votes, respondent No. 2-the election petitioner received 2017 votes. 320 votes were rejected. The petitioner, thus, won the election by a margin of 96 votes.
(3.) RESPONDENT No. 2 (Ashwani Azad) filed an election petition under Section 15 of the Haryana Municipal Corporation Act, 1994 (in short the Act) alleging various material irregularities in the process of conducting the election. He accordingly sought a declaration that the election of the petitioner from Ward No. 11 be declared illegal and set aside, and he should be declared as an elected candidate.;


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