Reply of election petition for Gram Panchayat
IN THE HON’BLE COURT OF ADDITIONAL CIVIL JUDGE (SR. DIV)
Smt. ____ V/s Smt.____and others
Reply to the Election Petition U/s 176 of Haryana panchayati Raj Act 1994 on behalf of respondent no. 1.
Respected Sir,
The answering respondent no. 1 most respectfully submits as under:-
Preliminary Objections:-
1- That the petition of the
petitioner is not maintainable in the present form against the answering
respondent.
2- That the petitioner has no
locus-standi to file the present petition.
3- That the petition of the
petitioner is not maintainable as the election for the post of Sarpanch for the
Gram Panchayat village _______ was carried out in accordance with the law, and
all necessary measures were taken to ensure the integrity and impartiality of
the election. The election was conducted fairly and impartially, and the result
was a true reflection of the will of the voter who elected the respondent no. 1
as their Sarpanch.
4-
That the election
petition is also not maintainable on the grounds of want of cause of action. In
this case, the allegations made in the present election petition are vague,
indefinite, and do not disclose a cause of action. The petitioner has not
provided any specific details or evidence to support the allegations. Hence the
present petition is liable to be dismissed on the grounds of non-joinder of
necessary parties and want of cause of action.
5- That as per the doctrine
of estoppel, a person is estopped from challenging the validity of an election
if she/he has participated in the election process and accepted the results
without any objections. The petitioner in this case was a candidate in the
election and participated in the entire process, including the counting of
votes, without raising any objections. It is therefore not open to the
petitioner to challenge the validity of the election on the grounds of
disorders in the counting of votes at this stage.
6- That the petition of the petitioner
is bad for mis-joinder for unnecessary parties. The respondent no. 1 is
unnecessary party and have been joined against the provision of the act.
7- That the present petition
has been filed only cause unnecessary harassment to the respondent.
8- That the petitioner has
not come with the clean hands before this Hon’ble court and he has concealed
the true and material facts from this Hon’ble court.
9- That the petitioner is
es-topped from filing the present petition by his own acts, conduct,
acquicence, omissions, admission etc.
10-
That the Hon’ble court has no jurisdiction to try the present
petition in view of the provision of the Haryana Panchayat Raj Act.
11-
That the answering respondent is entitled to the special
costs u/s 35-A of C. P. C. from the petitioner for unnecessary harassment by
way of false and fictitious litigation.
Reply parawise:-
1- That the para no. 1 of the
petition is matter of record to be proved by the petitioner with cogent
evidence.
2- That the para no. 2 of the
petition is also matter of record.
3- That the para no. 3 of the
petition is correct to the extent that the counting of the votes was carried
out by the concerned pong party presided by the presiding officer under the
supervision of respondents no. 5 to 7. It is wrong and denied that on __________,
the presiding officer initially declared the petitioner as wining 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 about 15 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 the post of Sarpanch illegally and unlawfully. It is wrong and denied that
as per mandates of the vote, 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 also
wrong and denied that the petitioner
also asked the presiding officer on the booth to recount the votes in his
presence but the said officer instead to recent 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. It is submitted that all the allegations
are baseless, false, and without any merit. The said election for the post of Sarpanch
of Gram Panchayat ______ held on _______ was conducted in a free, fair, and
transparent manner and without any illegality and there was no complaint of any
illegality on the date of election and the respondent was declared winner by
margin of one vote. It is further submitted that the counting of the votes was
held in the presence of petitioner, his agents, polling staff and respondent.
The respondent had obtained 359 votes whereas the petitioner had obtained 356
votes and the answering respondent no. 1was declared as winner rightly and as
per the rules of Panchayat election. The respondent no. 1 has also taken her
oath after winning for the post of Sarpanch of village ______.
4- That the para no. 4 of the
petition is also wrong and denied as alleged by the petitioner. It is wrong and
denied 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. 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. I 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. It is submitted that the result has been
correctly declared in favour of the respondent no.1 as the respondent no. 1 won
the election by the margin of 3 votes. It is general tendency that defeated
candidate always chose to file such type of false election petition against
winning candidates. It is further submitted that there was a strong
control of police and officers during the entire election time and all the
observers were taking care of the election with following all the rules and
regulations. It is further submitted that the election was peaceful and without
any illegality and there was no complaint of any illegality on the date of
election. The election is valid and legal and binding upon all the candidates.
Hence there is no question arises of recount the votes. It is further submitted that the
allegations leveled upon the respondents by the petitioner are wrong, illegal
and unavoidable, the petition is liable to he dismissed.
5- That the para no. 5 of the
petition is wrong and denied as alleged. It is wrong and denied that the
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. I
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. It is wrong and denied that if this mischief not committed the result would
have been otherwise and respondent no. 1 would not be elected. It is
submitted that all the allegations as levelled by the petitioner in this
para are false, fabricated and baseless. Rather, administration/election staff
did not support anyone in the said election and election was conducted fairly
and result of election was not materially affected by the said staff in any
manner. The election in question from the beginning was conducted
fairly, impartially and legally and the respondent no. 1 was declared legally
as elected Sarpanch of village _____ by margin of three votes. No any mischief
was committed by anyone.
6- That the para no. 6 of the
plaint is wrong and denied as alleged by the petitioner. The cause of action is
false, fabricated and imaginary one. The petitioner has no valid cause of
action to file the present petition.
7- That the para no. 7 of the
plaint is legal.
8- That the prayer para no.
08 of the petition is completely wrong and denied and it is prayed that the
petition of the petitioner may kindly be dismissed with costs as the election
of village _______ for the post of Sarpanch is legal and biding upon both the
candidates.
It is therefore, prayed that the petition of the petitioner may kindly be dismissed with costs in the interest of justice.
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Verification : Verified that the all contents of Pos and reply parawise of the W/s are correct and true to the best of my knowledge and belief. Verified at |
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Respondent no.1
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Through Counsel
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