Dharam Pal Rana vs Dilbagh Singh and Others

R.S. Mongia, J.—The Revision Petition, in which this Civil Misc. Application has been moved, was filed impugning the order dated May 3, 1995 passed by the Senior Sub-Judge, Kaithal as Election Tribunal under the Haryana Panchayati Raj Act, 1994.

By the impugned order, the respondent in the election petition was allowed to amend the written statement and an order of recount of votes was also passed. The part of the order pertaining to ordering recount of votes was challenged by the petitioner primarily on the ground that no enquiry was held by the Tribunal and no evidence was led by the parties to make a case for recount. Notice of motion was issued on May 19, 1995 for July 19, 1995 and the operation of the impugned order dated May 3, 1995 was stayed.

This application has been moved by the Election petitioner (Respondent before me) praying that the impugned order qua recount of votes may be set aside and the case be remanded back to the Election Tribunal to allow the parties to lead their evidence on the question as to whether recount should be ordered or not and after the parties have led their evidence, the Tribunal may pass order in that regard in accordance with law. However, the respondent (Election Petitioner) submits that the impugned order qua amendment of the written statement be upheld. Notice of the application was given to the petitioner in the revision petition. He has no objection to the prayer made by the respondent (Election Petitioner).

Consequently, I allow this application and set aside that part of the impugned order dated May 3, 1995 by which the Tribunal has ordered recount. The parties before the Tribunal shall be allowed to lead their respective evidence on the question as to whether a case for recount is made out or not after the parties have led their evidence, the Election Tribunal should pass an appropriate order in accordance with law. The other part of the order whereby the respondent before the Election Tribunal was allowed amendment in the written statement is upheld.

Parties through their counsel are directed to appear before the Election Tribunal on June 13, 1995 to get further directions.

The Tribunal is directed to expedite the disposal of the election petition, preferably within 3 months of the next date of hearing.

Copy of this order be given dasti to the counsel for the parties, on payment. Revision petition also stands disposed of.