SEEMA DEVI Vs. SUMAN AND OTHERS

JUDGEMENT

(1.) This revision petition has been filed praying for setting aside order dated 16.08.2017 passed by the learned Additional Civil Judge (Sr. Judge), Ratia, District Fatehabad (hereinafter referred to as the "Election Tribunal"), whereby, the application of respondent No. 1 seeking recount of votes has been allowed.

(2.) Briefly, the facts are that election of the Gram Panchayat Sukhwanpur, Tehsil Ratia, District Fatehabad was held on 24.01.2016. The petitioner and respondent Nos. 1 and 2 were candidates for the post of Sarpanch. Electronic voting machine was used at the election. Three polling booths Nos. 221, 222 and 223 were set up for casting of the votes. A total of 1182 votes were polled in all the three booths. The petitioner secured 362 votes i.e., 133 votes in booth No. 221, 133 votes in booth No. 222 and 96 votes in booth No. 223. Respondent No. 1 secured 322 valid votes i.e. 97 votes in booth No. 221, 122 votes in booth No. 222 and 103 votes in booth No. 223. Respondent No. 2- Bhupinder Kaur secured 357 votes i.e. 165 votes in booth No. 221, 100 votes in booth No. 222 and 92 votes in booth No. 223.

(3.) Respondent No. 1 filed election petition challenging the election of the petitioner. It was alleged that Form No. 15 of booth No. 221 was prepared illegally. In fact, petitioner had got 97 votes in booth No. 221, but the Returning Officer, in connivance with her got recorded 133 votes in her favour instead of 97 votes actually secured by her. The petitioner contested the petition and denied the allegations. The Election Tribunal framed issues on 03.08.2016 and adjourned the case for evidence of respondent No. 1 on 01.09.2016. On that date without recording any evidence, the Tribunal passed an order directing the recounting of votes of booth No. 221.