RAJESH BINDAL,J - (1.) THE case in hand has a chequered history where the parties are litigating to get elected as Sarpanch of village Nathupur (Gurgaon).
(2.) THE present petition is filed to challenge orders dated September 8, 2007 and September 10, 2007 passed by learned Additional Civil Judge (Senior Division), Gurgaon whereby the matter was fixed for recount of votes and the subsequent order, whereby the respondent No. 2 was declared elected after recount of votes, respectively. The election to the office of Sarpanch of Gram Panchayat, Nathupur was held on April 9, 2005 in which total 8 candidates contested. The petitioner and respondent No. 2 were the main contesting candidates, who were polled votes close to each other. Rest of the candidates were polled votes quite less and were nowhere in contest for the office of Sarpanch. In the election, total 2896 votes were polled, out of which 2653 were declared to be valid votes and 243 votes were declared as invalid. At the first instance the petitioner was declared elected having secured 973 votes whereas respondent No. 2 was immediate loosing candidate securing 971 votes.
(3.) IMMEDIATELY after the election on April 10, 2005, respondent No. 2 made application to the Deputy Commissioner, Gurgaon levelling various allegations against the petitioner and requested for recount of votes. Thereafter, respondent No. 2 filed an election petition on May 2, 2005 under Section 176 of Haryana Panchayati Raj Act, 1994 (for short "the Act") alongwith application for recounting of votes. The application filed by respondent No. 2 for recounting of votes was allowed by learned Additional Civil Judge (Senior Division), Gurgaon vide order dated January 2, 2006 directing summoning of records for the purpose for January 14, 2006. Petitioner challenged the order of recounting of votes by filing Civil Writ Petition No. 172 of 2006 before this Court. Vide order dated January 12, 2006, this Court while summoning the records of the Court below stayed the order of recounting. The writ petition was ultimately dismissed by this Court vide judgment dated July 25, 2006 upholding the order passed by learned Additional Civil Judge (Senior Division), Gurgaon ordering scrutiny and recounting of valid votes.;