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. "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. 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.