A. K. MATHUR, J. - (1.) THE petitioner by this writ petition has challenged the order dated 12. 4. 1990 (Annex. 2) passed by the learned Election Tribunal, Raisinghnagar, respondent No. 3.
(2.) THE brief facts necessary for the convenient disposal of this writ petition are that the petitioner was elected as Sarpanch of the Gram Panchayat, 10 T. K. in the elections held on 5. 6. 1988. It is alleged that the petitioner was elected by a majority of 17 votes. THE petitioner received 552 votes and the respondent No. 1 secured 535 votes. One Jeeta Singh challenged the election of the petitioner by filing an election petition on 10. 6. 1988 on the ground that the Returning Officer committed irregularities in the counting of votes and there was improper reception and rejection of votes. THE allegations made in the election petition were denied by the petitioner winning candidate by written reply. However after hearing both the parties the learned Election Tribunal vide its order dated 12. 4. 1990 held that a case for recount has been made out. THErefore, in view of his decision on issues No. 2 and 3, it was directed that all the votes of the petitioner be recounted and so also the rejected votes. Aggrieved against, the petitioner has filed the present writ petition challenging the order dated 12. 4. 1990, passed by the learned Election Tribunal. A return has been filed by the respondents and they have contested the matter. The original record was also summoned for perusal of the court and the report of the recounting which was put in a sealed cover was read also out before me. The principal submission of Mr. Singhvi, learned counsel for the petitioner is that the pleadings in the present case is at variance with the evidence and, therefore, the re-count should not have been permitted. I have considered the argument of both the learned counsel and perused the record. I don't want to express any opinion, but after going through the report recount. I also satisfied that in the present situation the recount was rightly ordered by the learned Election Tribunal because as a result of the recount, it was found that there has been a large scale variance i. e. 65 invalid votes have swelled to 149 votes resulting in reduction of the votes received by the elected Sarpanch i. e. from 552 to 453 and the votes of Sampuran Singh has swelled from 552 to 535.
(3.) BE that as it may, I do not want to express any opinion in the matter as the matter is still pending before the learned Election Tribunal and both the parties will have necessary opportunity to contest the matter as to whether the votes were rightly rejected or rightly received or not. Thus, in this view of the matter I am not inclined to interfire with the order passed by the learned Election Tribunal and the writ petition is dismissed. The record which been received may be sent back to the learned Election Tribunal forthwith. .;