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Present petition has been filed by two candidates namely, Surinder Singh from Ward No.8 and Surinder Kaur from Ward No.2, independent candidates. Their case is that they had defeated the rival Congress candidates i.e. respondent Nos.7 and 8 from the respective wards. After declaration of the result, only certificates were to be handed over by respondent No.4, who was the then Ex. Officio Returning Officer for the elections of Municipal Council, Lehra Gaga. As per petitioners, after declaring them (petitioners) as winners, as independent candidates, respondent Nos.4 and 5 forged Form-35. Petitioners have placed on record videography of their celebrations (uploaded in a CD) as Annexure P-1. Stills of the aforesaid videos showing celebrations of winning of petitioners are annexed as Annexure P-2. They have also placed on record CD (Annexure P-3) showing that the news channels also videographed their victory. Counting was done at Baba Hira Singh Bhattal Institute of Engineering and Technology, Lehra Gaga. There were total 15 Wards in the Municipal Council, Lehra Gaga-respondent No.3. In the first round, out of 8 seats, 5 were declared elected from the independent candidates, including the petitioners. In the second round, out of 7 seats, 3 were declared elected from the independent candidates. The independent candidates, who were declared winners i.e. respondent Nos.7 and 8 were from the Congress party. The petitioners were allotted the symbol of 'Gas Cylinder' and 'Truck' and both the wards i.e. Ward Nos.8 and 2 were reserved for the candidates belonging to Scheduled Caste category. The votes were polled on 2 of 14 14.02.2021. The counting started at 9.00 A.M. on 17.02.2021 at Baba Hira Singh Bhattal Institute of Engineering and Technology, Lehra Gaga. Result of Ward Nos. 1 to 8 was declared at about 10.00 A.M., whereby petitioners were declared elected from Ward Nos.8 and 2 respectively. Petitioner No.1 had obtained 264 votes and was declared elected by a margin of 50 votes against respondent No.7. Petitioner No.2 had obtained 373 votes and was declared elected by a margin of 69 votes as opposed to respondent No.8. Even some of the newspapers had reported that the petitioners were declared as winners from Ward Nos. 8 and 2. One such news cutting is attached as Annexure P-4. When petitioners went to get their winning certificates from respondent No.4, they were shocked to know that they had lost the election and respondent Nos. 7 and 8 had won. Due to the protest on the site, the General Election Observer for the Constituencies of Malerkotla, Amargarh, Dhuri, Bhawanigarh, Sunam, Longowal and Lehra Gaga namely Sh. Sanjay Popli, IAS, arrived and gave a detailed inquiry report (Annexure P-5) to the State Election Commissioner-respondent No.2. As per this report, respondent Nos. 4 to 6 had botched up and rigged the entire counting process. Form-35 pertaining to Ward Nos.8 and 2 have been attached as Annexures P-6 and P-7. A perusal of Form-35 (Annexure P-6) shows that Sehaj Pal Kaur-respondent No.7 got 112 votes. Numeric '1' was made as '6', therefore, the result showed 162 votes. It further shows that petitioner No.1- Surinder Singh got 161 votes and the numeric '6' was changed into '0' and the result showed 101 votes. Chotta Singh, who got 100 votes, was turned to 110 votes, ony to maintain the figure of 841 votes polled. Similarly, as per Form-35 (Annexure P-7) regarding Ward No.2, petitioner No.2 got 373 votes, which was changed to 313 as '7' was tampered to make it look like '1'.

On 12.03.2021, when notice of motion was issued in this case, convening of the meeting for election to the office of President, Municipal Council, Lehra Gaga, District Sangrur, was kept in abeyance.

Upon notice of this petition, respondents have filed their separate written statements. Thereafter, petitioners filed their rejoinders.

On 17.05.2022, when the case was taken up for hearing, this Court had gone through the report dated 18.02.2021 (Annexure P-5) given by the General Election Observer, whereby it was observed that Smt. Jeevanjot Kaur, PCS, Returning Officer-cum-SDM, Lehra Gaga, Sh. Manjit Singh, ARO-cum-Naib Tehsildar, Lehra Gaga and Sh. Surinder Singh, Tehsildar, were found to be responsible for criminal misconduct and rigged up and botched up handling of the counting process, compilation and criminal alteration of election results of Ward No.2, Lehra Gaga Constituency. The State Election Commission, Punjab, vide letter dated 19.02.2021 (Annexure P-9) had informed the Chief Secretary to Government of Punjab to take appropriate steps against the Returning Officer Smt. Jeevanjot Kaur.

(1)Superintendent Election (Member) (2)Assistant Controller (F&A)(Member) (3)Senior Assistant, Elections (in attendance).

The Committee went through the inquiry report dated 18.02.2021. It was found that the poll process was not vitiated, but the counting process 6 of 14 was totally mismanaged and there was lack of transparency by the Returning Officer. It was decided that if, the High Court so desires, the representative of the department could submit before the Court that in view of the natural justice and to restore the faith in free and fair democratic election process, the State Election Commission may facilitate recounting of the election process. The observation made by the Committee was that for fair and free election, recounting was necessary as per report dated 18.02.2021 (Annexure P-5). In this meeting, it was nowhere observed that the High Court had given direction for recounting of votes. It was stated that for free and fair elections, it was necessary to do the recounting as per aforesaid inquiry report. Thereafter, the recounting has been done. The process of inquiry was initiated on the same day when the result was declared. Process of recounting has been provided under Rule 82 of the Punjab Municipal Election Rules, 1994. Learned counsel for the petitioners has further argued that counting of votes started at 9.00 A.M. and result was declared at 3.00 P.M. On the same day, a complaint was made, as contemplated under Rule 82 of the above said rules, for recounting of the votes and an inquiry was also initiated by Mr. Sanjay Popli, IAS, General Observer. As per his report, the counting process had been botched up and rigged by respondent No.4. In this backdrop, the inquiry was initiated on the same day. As per Rule 82 (4) of the Punjab Municipal Election Rules, 1994, recounting can be done and after doing the recounting, amendment in the result-sheet in Form-35 can be made. There is no bar that a person cannot approach this Court under Article 226 of the Constitution of India for recounting of votes under Rule 82 (4) of the above rules. Once, recounting is done, Form-35 can be issued as per Rule 83 and result can be 7 of 14 declared under Rule 84. After declaration of the result, the alternative remedy to challenge the election is before the State Election Commission. However, for the purpose of recounting, the High Court under Article 226 of the Constitution of India, has the jurisdiction to interfere, examine and pass appropriate orders.

In the present case, the parties are not disputing the inquiry report dated 18.02.2021 (Annexure P-5) conducted by Sh. Sanjay Popli, IAS, General Election Observer. Counting of votes started at 09.00 A.M. on 17.02.2021 and initially, the petitioners were declared as elected from Ward Nos. 8 and 2. However, they were not given the certificates as per Rule 85 of the Punjab Municipal Election Rules, 1994. A complaint was made on the same day i.e. 17.02.2021 itself with respect to the botching up and misconduct in the entire process of counting of votes by respondent No.4. On account of this complaint, Mr. Sanjay Popli, IAS, General Election Observer, gave a detailed inquiry report (Annexure P-5), a perusal of which shows that statements of the counting officers and losing candidates were recorded and the entire election process had been sabotaged by respondent No.4. Respondent Nos. 4 to 6 were directly responsible for botching up and mishandling the counting process. The petitioners, in the present petition, have also placed on record Form-35 pertaining to Ward Nos.8 and 2 as Annexures P-6 and P-7. As per Form-35 (Annexure P-6), Sehaj Pal Kaur- respondent No.7 got 112 votes. Numeric '1' was made as '6', therefore, the result showed 162 votes. It further shows that petitioner No.1-Surinder 11 of 14 Singh got 161 votes and the numeric '6' was changed into '0' and the result showed 101 votes. Chotta Singh, who got 100 votes, was turned to 110 votes, only to maintain the figure of 841 votes polled. Similarly, as per Form-35 (Annexure P-7) regarding Ward No.2, petitioner No.2 got 373 votes, which was changed to 313 as '7' was tampered to make it look like '1'. Respondent No.8-Pooja Rani got 304 votes in her favour. But, the figure was changed to 364 as '0' was changed into '6'. Form-35 (Annexures P-6 and P-7) were made basis for declaring the winners. Inquiry report dated 18.02.2021 (Annexure P-5) is not to be doubted and on the basis of this report, respondent No.2-State Election Commission wrote a letter dated 19.02.2021 (Annexure P-9) to respondent No.1 to immediately suspend respondent No.4.