SATISH KUMER MITTAL,J. - (1.) The petitioner, who was declared elected as Sarpanch of Gram Panchayat of Village Hasan in the election held on 9.4.2005, has filed this petition under Articles 226/227 of the Constitution of India for setting aside the order dated 22.8.2008 (Annexure P1) passed by the Additional Civil Judge (Sr.Division), Bhiwani-respondent No.1 (hereinafter referred to as 'Election Tribunal') on an election petition filed by respondent No.2, whereby while allowing the said petition, the election of the petitioner has been set aside and respondent No.2 has been declared elected as Sarpanch of the Gram Panchayat as he had secured 493 votes in recounting against 492 votes secured by the petitioner.
(2.) In the present petition, the election for the office of Sarpanch of Village Hasan was held on 9.4.2005. The petitioner and respondent No.2, besides three other candidates, contested the said election. Out of 1283 votes polled, the petitioner secured 497 votes whereas respondent No.2 secured 494 votes. Consequently, the petitioner was declared elected by 3 votes. 19 votes were declared invalid and 3 votes were found missing.
(3.) The defeated candidate (respondent No.2) filed the election petition challenging the election of the petitioner. The only ground to challenge the election was that the counting of votes was not properly done. The Election Tribunal allowed the prayer of recounting vide order dated 20.10.2005 and ordered for recounting of the votes, while observing as under:- "In view of my above discussion and observations I am of the considered opinion that in the present case, the applicant has just claimed the recounting of the votes and he has not claimed any other mode to get election set aside. Three votes are missing and this fact is proved from the perusal of the documents. The applicant had lost the election only by three votes. In these circumstances a good prima facie case is made out in favour of the applicant. Moreover, respondent no.4 shall not suffer any irreparable loss if the votes are recounted. With these observations, the application filed by the applicant for recounting the votes is hereby allowed. Record of the election, which is lying with District Election Officer (Panchayat), Bhiwani, be summoned for recounting. Recounting shall be held in the open court in the presence of all the candidates." ;