VINOD K.SHARMA,J. - (1.) THE petitioner has challenged the order passed by the learned Civil Judge (Senior Division), Faridabad ordering recount of the votes.
(2.) RESPONDENT No. 1 filed a petition under Section 15 of the Haryana Municipal Corporation Act, 1994 (for short the Act) for declaring the election of the petitioner as Municipal Councillor from Ward No. 11 Municipal Corporation, Faridabad to be illegal, null and void. He further prayed that he be declared as winner/successful candidate. Respondent No. 1 in the election petition claimed that total votes of Ward No. 11 are 18159 but only 11181 votes were polled. The election process was over at 4 PM on 30.4.2005. It was claimed by the petitioner that even before the arrival of polling agents the ballot boxes had already been opened. It is the case of respondent No. 1 that agent of respondent No. 1 claimed that votes be shown to them but the counting staff did not show the same. The petitioner claimed that more than 320 votes were declared invalid. Request of the agents for being shown the invalid votes was not accepted. It is further the case of respondent No. 1 that respondent No. 1 was declared as winner by 700 votes but thereafter the counting staff disclosed two other boxes. However, said boxes were not shown to him and thereafter the petitioner was declared as elected.
(3.) THE petitioner claimed that he wrote to the Deputy Commissioner, Faridabad for recounting of votes and the copies there of were sent to the Chief Election Commissioner and State Election Commissioner but his request was declined.;