High Court of Punjab and HaryanaCR/3942/2015allowed

Surinder Kaur v. Balwinder Kaur And ORS

2015-07-20Mr. Justice Harbans Singh Rai2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-3942-2015 (O&M) Date of decision : 20.07.2015 Surinder Kaur ...........Petitioner Vs Smt. Balwinder Kaur & Ors.

...........Respondents Coram :

Hon'ble Mr. Justice K. Kannan

1. Whether Reporters of local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? Present :

Mr. T.S. Rai, Advocate for Mr. S.S. Swaich, Advocate for the petitioner.

Mr. Dharam Pal, Advocate for respondent No.1.

K. KANNAN, J. (oral) CM-13890-CII-2015 CM is allowed.

Evidence is taken on record.

CR-3942-2015 The impugned order cannot be supported at all, for, it orders a recount because there is a difference of only one vote. In an election petition the declaration of result determines the right of person that was declared elected to a particular post which is the result of democratic expression. The strictness regarding pleadings and the procedures in election petitions are to ensure that the Court orders do not stultify the result of such a solemn process. The power to order recount cannot be invoked only because the margin of victory is very slender. It can order a recount only if it finds that an objection taken regarding the counting of votes or the declaration of SATYAWAN 2015.07.22 14:36 I attest to the accuracy and authenticity of this document High Court Chandigarh

CR-3942-2015 -2result was seriously flawed and the Election Tribunal had applied its mind to come to such a provisional conclusion. The order passed is not tenable in law and set aside.

The counsel for the respondent says that the entire evidence has been adduced by the parties and it is only posted for arguments. The Election Tribunal will hear further arguments if necessary and will pass appropriate orders in accordance with law, including, even a recount, if circumstances make out such an extraordinary exercise of powers by setting out appropriate reasons.

Revision is allowed.

(K. KANNAN) JUDGE 20.07.2015 sp SATYAWAN 2015.07.22 14:36 I attest to the accuracy and authenticity of this document High Court Chandigarh