Returning Officer Tossing Coin To Break Tie In Panchayat Election Violated Election Rules: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that breaking tie by tossing coin in Punjab Panchayat Election results is violative of Punjab Panchayat Election Rules and instead the returning officer is supposed to make draw of lots.

Referring to Punjab Panchayat Election Rules, Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "...patently unfold the trite fact that in case, when there occurs any purported tie of votes amongst the contestants therebys rather than the Returning Officer choosing to resolve the said tangle through his making a toss of coin. Contrarily, he is to proceed to adopt the recourse of drawing lots and the candidate whereupons whom the lot successfully falls, thus is to be declared as the winner."

However, the Court refused to interfere with the election results stating that the plea can be contested only by filing the election petition.

"The said exercise obviously cannot be undertaken by this Court in the instant proceeding nor this Court in the face of existence of supra alternative remedies, can proceed to either convert itself into an Election Tribunal nor this Court can proceed to determine a contentious fact which otherwise is to be determined through the adoption of the above recourses, which but are required to be initially adopted only by the alternative thereto thus the supra alternative quasi judicial Forum," the bench added.

These observations were made while hearing the plea challenging the Panchayat Election results of Village Pandori Takhtmal, the petitioner, contesting the sarpanch election in October, was initially declared the winner by two votes with 247 out of 540 votes cast.

He submitted that his opponent Gurjinder Singh, in connivance with the ruling party MLA, came to the polling booth and forcibly “changed the election result by capturing all votes”.

The result was later overturnedand Gurjinder Singh was declared elected after the returning officer allegedly resolved the tie by tossing coin.

After examining the submissions, the Court opined that the "the mis-adoption made by the returning officer is in derogatory of the procedure provided".

However, the Court opined that only the election tribunal can declare the result void.

Stating that "Resultantly, therebys the instant writ remedy is to be declared as pre mature, as the writ remedy would be available to become recoursed at the instance of the aggrieved, but only after a reasoned order becoming recorded by the Election Tribunal concerned, thus on the apposite election petition concerned", the bench dismissed the plea.

Mr. Atinderpal Singh, Advocate for the petitioner.

Mr. Maninder Singh, Sr. DAG, Punjab.

Title: Palwinder singh v. State of Punjab & others

Click here to read/download the order