High CourtsSingle Bench(2018) 05 P&H CK 0097

Jaspal Singh vs Presiding Officer, Election Tribunal, Amritsar-cum Additional Deputy Commissioner (General) Amritsar And Others

Punjab And Haryana At Chandigarh · Decided on 29 May 2018

HON’BLE JUDGES
Ajay Tewari, J
RESULT
Disposed off
CASE NUMBER
First Appeal Order No. 3481 Of 2016 (O&M)

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Judgment

6 paragraphs · 216 words

Ajay Tewari, J.

Report of the OSD (Vigilance) has been received and the same is taken on record. As per the report, though originally six votes were cancelled but on examination one of those six votes were found to be valid.

Thereafter, recounting was conducted and it was found that both the candidates i.e. the appellant and the respondent No.2 had obtained 243 votes.

Counsel appearing for the parties have accepted this report. All the counsel have then stated that the only way out of this impasse would be to have a draw of lots. Counsel for the appellant has handed over to me a bag in which there are two slips bearing the name of each of the candidates which has also been cross-checked by the counsel for respondent No.2 and have asked me to take one out and the one which is taken out would be declared elected. I have drawn the slip of paper in the open Court and the name of Jaspal Singh son of Darshan Singh-appellant has come out.

In the circumstances, the appeal is allowed. The appellant-Jaspal Singh is declared elected. The bag is returned back to the counsel for the appellant.

Since the main case has been decided, the pending civil miscellaneous application, if any, also stands disposed of.