Monika Devi v. State Election Commission, Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Civil Writ Petition No.2580 of 2016 Date of Decision: February 08, 2016 Monika Devi ....Petitioner versus State Election Commission, Haryana and others .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE P.B.BAJANTHRI.

--- Present: Mr.Arvind Kumar Yadav, Advocate, for the petitioner. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) The petitioner and respondent No.7 both contested the election of Sarpanch of Gram Panchayat of village Gudha, Tehsil and District Mahendergarh. Both of them secured equal votes, i.e., 492. Respondent No.7 was declared elected by way of 'draw of lots'. The petitioner now questions his election on various grounds including polling of bogus votes.

Since there is a statutory remedy of election petition available to the petitioner for which the Civil Court is notified as Election Tribunal, we decline to entertain this writ petition and relegate the petitioner to the above-stated alternative remedy. However, taking into consideration the totality of circumstances, it is directed that if any election petition is filed, the Election Tribunal shall make an endeavour MOHINDER KUMAR 2016.02.11 14:50 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.2580 of 2016 [2] to decide the same within a period of six months from the date of its filing.

The writ petition stands disposed of accordingly. Dasti.

[SURYA KANT] JUDGE February 08, 2016 [P.B.BAJANTHRI] mohinder JUDGE MOHINDER KUMAR 2016.02.11 14:50 I attest to the accuracy and authenticity of this document Chandigarh