Allowed

Jasbir Singh v. Jagir Singh and Ors.

Punjab & Haryana HC5 Jul 2017CR/4272/2017

Case brief

AI extract

What is this about?

In this article 226 revision, the Court set aside ex parte orders and an order dismissing an application for joinder. It directed the Election Tribunal to record reasons if it decides to recount votes and allowed the petitioner to join proceedings after a hearing.

What did the court decide?

The impugned orders dated 22.03.2016, 14.08.2016, and 15.06.2017 were set aside; petitioner directed to join further proceedings; Tribunal directed to pass speaking order.

Jasbir Singh Vs Jagir Singh and Ors. — Election Law | Punjab & Haryana HC (2017)

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CR-4272-2017

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR-4272-2017

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Date of decision: 05.07.2017

Jasbir Singh

..... Petitioner

Versus

Jagir Singh and another

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

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PRESENT: Ms. Rupinder Kaur Thind, Advocate for the petitioner.

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RAMENDRA JAIN, J. (ORAL)

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Challenge in the instant revision petition under Article 227 of the Constitution of India, has been laid to the ex parte order dated 22.03.2016 (Annexure P-4); order dated 14.08.2016 (Annexure P-5) for recounting of votes and order dated 15.06.2017 (Annexure P-8) passed by the Presiding Officer, Election Tribunal, Amritsar, dismissing the application of the petitioner under Order 9 Rule 7 read with Section 151 CPC, to allow him to join the proceedings.

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In nutshell, the election for the post of Panch of Gram Panchayat village Nizampura Block Jandiala Guru, Tehsil and District Amritsar in general category from Ward No. 9 was held on 03.07.2013. The petitioner and respondent No. 1-Jagir Singh, contested the elections. The result was declared on the same day i.e. 03.07.2013, declaring the petitioner as the winning candidate. Resultantly, respondent No. 1- Jagir Singh, filed Rishu Kataria 2017.07.13 11:00I attest to the accuracy andelection petition before the Election Tribunal, Amritsar, against the authenticity of this document

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CR-4272-2017 -2-

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petitioner by arraying the Returning Officer and Presiding Officer (respondents No. 2 and 3 herein) as parties under Section 76 read with Section 89 of the Punjab State Election Commissioner Act, 1994, challenging the election and for setting aside the declaration of petitioner as a winning candidate. The petitioner contested the said petition by filing written statement. Thereafter, the petitioner was proceeded ex parte on account of non-appearance of his counsel vide order Annexure P-4.

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Learned counsel for the petitioner while relying upon the judgments in Udey Chand Vs. Surat Singh and another, 2009 (10) SCC 170 and Harjinder Singh Vs. Addl. Commissioner-cum-Election Tribunal, Tarn Taran and others, 2015 (7) RCR (Civil) 749, has prayed for setting aside of both the orders Annexures P-4 and P-5 as well as the order dated 15.06.2017 (Annexure P-8), whereby the application filed by the petitioner under Order 9 Rule 7 read with Section 151 CPC was dismissed by contending that the Presiding Officer, before ordering the recounting of votes, should have satisfied himself with the evidence so adduced by respondent No. 1, on record and also should have passed a speaking order giving reasons, but no such reasoning has been given.

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I have given my thoughtful consideration to the submissions made by learned counsel for the petitioner. A perusal of order dated 14.08.2016 (Annexure P-5) shows that the Presiding Officer of the Election Tribunal, Amritsar, has not given any reasoning on the basis of which he had arrived at the conclusion for recounting of the votes. Hence, the impugned orders dated 22.03.2016 and 14.08.2016 (Annexures P-4 and P-5, respectively) as well as the order dated 15.06.2017 (Annexure P-8) are hereby set aside and the Presiding Officer, Election Tribunal, Amritsar, is

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Rishu Kataria 2017.07.13 11:00 I attest to the accuracy and authenticity of this document

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CR-4272-2017

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directed to allow the petitioner to join further proceedings and to pass a speaking order giving reasons, if, he arrives at a conclusion for recounting of votes, after affording an opportunity of hearing to both the parties.

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The instant petition stands disposed of accordingly.

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July 05, 2017 rishu

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( RAMENDRA JAIN ) JUDGE

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Whether speaking/reasoned Yes/No Whether Reportable Yes/No

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Rishu Kataria 2017.07.13 11:00 I attest to the accuracy and authenticity of this document

Jasbir Singh v. Jagir Singh and Ors.

Case brief

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Jasbir Singh v. Jagir Singh and Ors.

Case brief

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