Naib Singh vs Presiding Officer And Ors on 28 March, 2016
In case Gurtej Singh
Vs. Darbara Singh (supra) the allegations were that earlier the election
petitioner was declared elected by 16 votes. Thereafter, the electric light
was switched off and respondent No.1 was declared elected. 72 votes
were declared invalid in illegal and unlawful manner. It was observed by
this Court that if the said 72 votes were found rejected illegally and
without compliance of the provisions of Rule 33 of the Rules, the election
petitioner could be declared a winning candidate. But in the instant case,
as already mentioned as the petitioner has been declared elected by 193
votes and even if all the 43 cancelled/rejected votes are counted in favour
of the election petitioner, the result will remain the same.