DAYA CHAUDHARY,J. - (1.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India for quashing of order dated 3.1.2007 passed by Election Tribunal-cum-Civil Judge (Senior Division), Sonepat- respondent No. 8 (hereinafter referred to as 'the Tribunal') vide which on the basis of recounting, the election petition of the petitioner was dismissed.
(2.) THE petitioner filed an Election Petition under Section 176(1) and 176(4)(B) of Haryana Panchayati Raj Act for setting aside the election of Sarpanch and to declare him as elected on the basis of irregularities committed by respondent No. 4 during the election. In the election, Mr. Ashok Kumar- respondent No. 4 was declared elected as he got highest number of votes and the petitioner was declared defeated. Order dated 3.1.2007 passed by the Tribunal has been challenged on various grounds but the main ground of challenge is that at the time of recounting the bundle of invalid votes containing 48 votes was not made available. It is alleged that those invalid votes were crucial and material for the outcome of election result.
(3.) MR . Alok Jain, learned counsel for petitioner has argued that when the case was fixed for recounting on 1.12.2006, the Naib Tehsildar instead of bringing record, preferred an application for adjournment that the Block Development and Panchayat Officer has informed that the record was not traceable. On that application, the following zimai order has been passed : "Present : Sh. A.K. Jain, counsel for the petitioner. Shri N.S. Malik, LO for respondents No. 1 and 2. Shri R.D. Gaur, Counsel for respondent No. 4 Shri Narender Bhardwaj, counsel for the respondents No. 5 to 7. Respondent No. 3 ex parte. Today the case was fixed for recounting of votes, but Naib Tehsildar moved an application for adjournment on the ground that some ballot papers were not traceable and some more time may be given. Keeping in view the facts mentioned in the application, the case is listed for 11.12.2006 for production of votes and recounting thereof." ;