Punjab-Haryana High Court
Parkash Devi And Others vs State Of Haryana And Others on 12 July, 2010
Author: Alok Singh
Bench: Alok Singh
CWP No.11997 of 2010 1
In the High Court of Punjab and Haryana, Chandigarh.
CWP No.11997 of 2010 (O&M)
Date of Decision: 12.07.2010
Parkash Devi and others
....Petitioner
Versus
State of Haryana and others
....Respondents.
Coram:- Hon'ble Mr. Justice Alok Singh
1.Whether reporters of local news papers may be allowed to see
judgement ?
2. To be referred to reporters or not ?
3. Whether the judgement should be reported in the Digest ?
Present: Mr. P.K. Ganga, Advocate
for the petitioner.
...
Alok Singh, J.(Oral)
Present petition is filed challenging the elections of Sarpanch, Gram Panchayat Village Tappi, Tehsil Dabwali, District Sirsa, on the ground that some forged and bogus votes were cast in favour of the returned candidate.
On being asked as to why election petition is not being filed under Section 176 (4)(a)(iii) of the Haryana Panchayati Raj Act, learned counsel for the petitioners argued that the question of bogus votes cannot be gone into in the election petition. He further argued that there is no CWP No.11997 of 2010 2 alternative remedy available with the petitioners except to file the writ petition.
Argument is misconceived. Section 176(4)(a)(iii) of the Haryana Panchayati Raj Act reads as under: -
"176 (4)(a)(iii). The result of the election, in so far as it concerns a returned candidate, has been materially affected by improper acceptance of any nomination or by any corrupt practice committed in the interest of the returned candidate by an agent other than his election agent or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void or by any noncompliance with or violation of the provisions of the Constitution of India or of this Act, or any rules or orders made under this Act, election of such returned candidate shall be set aside and fresh election may be held."
Having perused Section 176(4)(a)(iii) of the Haryana Panchayati Raj Act, in the opinion of this Court, question of bogus and forged votes can be gone into in the election petition.
At this stage, learned counsel for the petitioners seeks permission to withdraw this petition with liberty to file election petition.
Petition is dismissed as withdrawn with liberty as aforementioned. However, petitioners are directed to pay Rs.5,000/- towards exemplary costs for filing frivolous petition and arguing against the provisions of Section 176(4)(a)(iii) of the Haryana Panchayati Raj Act. Costs be deposited with the High Court Free Legal Aid Committee within week from today. Payment of costs would be a condition precedent for CWP No.11997 of 2010 3 filing the election petition.
( Alok Singh ) Judge 12.07.2010 sk.