Civil Writ Petition No. 13289 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 13289 of 2010 Date of Decision: 29.7.2010 Ashok Kumar …Petitioner Versus The State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sandeep Panwar, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner contested the election and lost by the margin of five votes to respondent No.5 Ashu Ram. In the present writ petition, a prayer has been made that the election so held be set aside being unconstitutional and violative of statutory provisions of Haryana Panchayati Raj Act, 1994 and Haryana Panchayati Raj Elections Rules, 1994. The grounds, pleaded in the writ petition are as under:- (i) The names and symbols of all the candidates were not shown in continuity and petitioner is segregated by thick and black band from respondents No.5 to 7. (ii) But the illiterate people thought that serial No.2 is serial No.1 because the name and symbol of the petitioner at serial No.1 was separated by black and thick line. Civil Writ Petition No. 13289 of 2010 2 (iii) About 25 votes were declared invalid because Polling Officer has got the thumb impression of voters before handing over the Ballot Paper and illiterate voters hold it with their hand/thumb submerged with blue ink on the top of the Ballot Paper where the name and symbol of the petitioner was shown. (iv) The candidates along with their supporters were not campaigning by their names or symbols and the illiterate voters have thought serial No.2 as serial No.1 which was the first after black and thick lining. All these grounds cannot be entertained in the writ petition. Otherwise also, it is doubtful as to whether on these grounds, election, already held, can be set aside. Without expressing any opinion on the merits of the case, the petitioner, if so advised, may avail of the remedy of filing an election petition. Hence, the present writ petition is dismissed with liberty aforesaid. (Kanwaljit Singh Ahluwalia) Judge July 29, 2010 “DK”