……Petitioner
Versus
1- Smt. _________________________
2- Smt. ________________________
3- Smt. ________________________
4- Smt.
5- Returning Officer,
Panchayat/SDM, __________, District_________, Haryana.
6- Deputy Commissioner/Distt.
Election Officer Panchayat village ________, Tehsil _________, Distt. _______
7- Block Development &
Panchayat Officer, Tehsil _________, Distt. ________.
……………Respondents
Election Petition under section 176 (b) of the Haryana Panchayati Raj Act 1994.
Respected Sir,
The
petitioner most humbly submits as under-
1- That the petitioner is
permanent resident of village ________, Tehsil _____, Distt. _______ and she is
an electorate in the Electoral Roll for the Gram Panchayat of village ________,
Block _________ vide her Voter Sr. no. _____in Ward no. ____ of Village ________
which is present in the Voter List of the year 2022 by which the election of
Gram Panchayat of Village ________ for the post of Sarpanch was held on
________ with the aid of E.V.M (electronic voting Machines) and result was
also declared on the same day.
2- The petitioner and the
respondent no. 1 to 4 contested the election for the post of Sarpanch of Gram
Panchayat Village ________ held on ________. The result of the election of
the Gram Panchayat was declared on the same day which is as under:-
|
Sr. no. |
Name of the
Candidate |
Total votes
shown to be received by the respective candidates. |
|
1.
|
Smt. A |
356 |
|
2.
|
Smt. T |
359 |
|
3.
|
Smt. R |
319 |
|
4.
|
Smt. S |
234 |
|
5.
|
Smt. S |
17 |
|
6.
|
Nota |
02 |
That the
total 1287 votes were polled in the election and the bifurcation of the same as
per the result sheet declared by the respondents no. 5 to 7 is mentioned above.
3- That the counting of the
votes was carried out by the concerned polling party presided by the presiding
officer under the supervision of respondents no. 5 to 7 and in the evening on
the same day i.e. __________, the presiding officer initially declared the
petitioner as winning candidate for the post of Sarpanch of village ________
with the margin of 07 votes and the petitioner and her supporters left the said
premises in the joy of win and surprisingly after the declaration of result,
the respondent no. 1 remained inside the booth/premises where the counting of
the votes has been carried out and surprisingly after about 5 minutes of the
declaration of result in favour of petitioner, the presiding officer declared
the respondent no. 1 as winning candidate with the margin of 3
votes against the petitioner for post of Sarpanch illegally and unlawfully,
however as per the mandate of the votes the petitioner won the election with
the margin of the 07 votes in both the polling booths i.e. booth no. 184 and
185. It is pertinent to mention here that the petitioner also asked the presiding
officer on the booth to recount the votes in his presence but the said officer
instead to recount the votes straight way declared the respondent no. 1 as
Sarpanch and also did not obtain the signatures of the petitioner on the result
sheet.
4- That the petitioner being
aggrieved with the illegal action of the concerned presiding officer and the
illegal declaration of the result for the post of Sarpanch in favour of the
respondent no. 1 moved application to the respondent no. 6 i.e. Distt. Election
officer and prayed to him for conducting recount of the votes in presence of
the petitioner but the respondent no. 5 to 7
in collusion with the respondent no. 1 did not take any action on the
application of the petitioner and the petitioner still has firm belief that the
respondents no. 5 to 7
did not conduct the election of the post of Sarpanch in a fair
and freed manner and the declaration of result in favour of the respondent no.
1 is invalid and in the present circumstances the scrutiny of the entire record
of the votes polled in the election of Sarpanch of village ________ on
_________ alongwith the recount/computation of votes recorded in favour of
each candidate i.e. petitioner and respondent no. 1 to 4 is necessary and the petitioner is liable to
be declared as elected after the same and the aforesaid declaration of result
is illegal, null and void and is liable to be set aside, hence this petition.
5- That aforesaid illegal act
of the respondents no. 1 and 5 to 7 has prejudiced the result of the election
and caused it diverted in favour of the respondent no. 1 and it is deliberate
mischief with malafides in order to influence the result of election in favour
of the respondent no. 1, which was designed by these persons before hand to
procure the desired result in favour of respondent no. 1. Had this mischief not
committed the result would have been otherwise and respondent no. 1 would not
be declared elected.
6- That the cause of action
has arose in the territorial jurisdiction of this hon'ble court and the village
Panchayat is situated and voting has taken place in village ________, within
the limits of this hon'ble court, hence this hon'ble court has got jurisdiction
to try the decide the present petition.
7- That the prescribed fee of
petition of Rs. 30/- is being paid on the petition.
8- It is, therefore, prayed that the election result dated 25-11-2022 declaring the respondent no. 1 as elected for Sarpanch of Village ________ is illegal, void and be set aside and the petitioner being highest votes scorer be declared as Sarpanch of village ________. Or any other relief which this hon'ble court deems fit and proper may also be awarded, in the interest of justice. The petition may please be accepted with costs.
Petitioner
Through Counsel
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