High Court of Punjab and Haryana, Chandigarh
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Chaand v. Bohar Singh & Ors - FAO-1147-2006  RD-P&H 1092 (22 February 2006)
FAO No.1147 of 2006(O&M)
Date of Decision: 28.02.2006
Bohar Singh and others
CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH
Present: Shri P.P.S.Duggal, Advocate for the appellant JUDGMENT
Civil Misc. No.4514-CII of 2006
In view of reasons given in this application, which is accompanied by an affidavit, it is allowed and 46 days delay in filing the appeal stands condoned.
FAO No.1147 of 2006
This appeal has been filed against order dated 16.9.2005, vide which, election petition, filed by the appellant was dismissed. It is an admitted fact that in election for the post of Sarpanch, the appellant was defeated by a margin of 22 votes. Before this Court, it has been stated that initially, he was winning, however, subsequently some votes were wrongly declared invalid and he was declared defeated. The Tribunal below has noticed that only wild allegations have been leveled. It has been admitted before this Court that declaration of result sheet was signed/ thumb marked by the appellant. If it was a case of declaring the appellant defeated by force, it would have been his natural conduct, to approach the higher authorities immediately thereafter. There is no evidence on record that after declaration of result, he moved any application to the Election Commission or any other higher authority in that regard. No case is made out for interference in pure findings of fact arrived at by the Courts below.
February 28, 2006 ( Jasbir Singh )
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