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1 - 10 of 13 (0.31 seconds)Section 31 in Haryana Panchayati Raj Act, 1994 [Entire Act]
Haryana Panchayati Raj Act, 1994
The Representation of the People Act, 1951
Udey Chand vs Surat Singh And Anr on 9 October, 2009
Be that as it
may, the view taken by the Division Bench of this Court in the
case of Meghaben Datteshkumar Amin (supra), though
without noticing the aforesaid two decisions, is the view
interpreting the provisions of 'the Act, 1993' and in consonance
with the decision of the Supreme Court in the case of Udey
Chand (supra), wherein Supreme Court was called upon to
consider and determine the very similar such provisions as
mentioned in Section 176(4)(a) and (b) of the Haryana
Panchayati Raj Act, 1994.
Meghaben Datteshkumar Amin vs The State Election Commission on 26 June, 2018
Be that as it
may, the view taken by the Division Bench of this Court in the
case of Meghaben Datteshkumar Amin (supra), though
without noticing the aforesaid two decisions, is the view
interpreting the provisions of 'the Act, 1993' and in consonance
with the decision of the Supreme Court in the case of Udey
Chand (supra), wherein Supreme Court was called upon to
consider and determine the very similar such provisions as
mentioned in Section 176(4)(a) and (b) of the Haryana
Panchayati Raj Act, 1994.
Mayurkumar Shivrambhai Vasava vs Bipinbhai Champakbhai Vasava on 1 September, 2022
[3.7] He has also relied on a decision in the case of
Mayurkumar Shivrambhai Vasava Vs. Bipinbhai
Champakbhai Vasava rendered in Special Civil Application
No.17022 of 2022, and submitted that as held in the said
decision, Tribunal conducting recounting of votes prior to
leading of evidence is objectionable and could not be permitted.
The Code of Civil Procedure, 1908
Vadivelu vs Sundaram And Ors on 10 October, 2000
[11] Relying on the several decisions of the Supreme
Court as also decision in the case of Vadivelu Vs. Sundaram &
Ors. reported in AIR 2000 SC 3230, in which, the Court has
considered that the petitioner who seeks recount should allege
and prove that there was improper acceptance of invalid votes
or improper rejection of valid votes. While specifically dealing
with Section 176(4)(a) and (b) of the Haryana Panchayati Raj
Act, 1994, which is almost pari materia to the provisions
contained in clause (a) and (b) of sub-section (7) of Section 31 of
'the Act, 1993', the Court held that petition for recount as
contemplated in clause (b) of Section 176(4) of Haryana
Panchayati Raj Act, 1994, must contain adequate statement of
material facts on which the election petitioner relies in support
of his allegation and it must also be supported by some
contemporaneous evidence to show irregularity or illegality in
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NEUTRAL CITATION
C/SCA/9343/2022 JUDGMENT DATED: 22/04/2025
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the counting. The only difference between the Haryana
Panchayati Raj Act, 1994 and 'the Act, 1993' is about powers of
the Court under sub-section (3) of Section 31 conducting an
inquiry and thereafter, passing an order confirming and / or
amending the declared result and setting the election aside.