Karamjit Kaur v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CM-9687-CII-2026 in Date of decision : 13.05.2026.
KARAMJIT KAUR ....Appellant
Versus
STATE OF PUNJAB AND OTHERS
...Respondents
CORAM:
HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Mr. Sukhjit Singh, Advocate for applicant/respondent No.9.
Mr. Karamanbir Singh Kahlon, Advocate for the non-applicant/petitioner.
Mr. H.P.S. Ishar, Addl. A.G., Punjab for respondents No.1 to 3 & 5 to 8.
Mr. Vijay Kumar Chaudhary, Advocate for respondent No.4.
PANKAJ JAIN, J. (ORAL) CM-9687-CII-2026 Prayer in this application is for preponement of the date of hearing in the main appeal.
For the reasons recorded in the application, the same is allowed. Main appeal is preponed and taken on Board today itself for hearing. Counsels are ad idem that the election petition was decided without framing issues as required under law.
2.
The issue w.r.t. necessity to frame issues while adjudicating the election petition has been deliberated upon in detail by this Court in FAO No.523 of 2025 titled as Sarbjeet Kaur vs. Kamaljit Kaur and others, decided on 01.08.2025 observing as under:
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2 (emphasis supplied) 10.
From the perusal of the order, it is clear that leave aside framing of issues, the Tribunal did not even bother to call for response from the respondent. Tribunal proceeded to decide the election petition as if he was resolving a trivial dispute without realizing that he was dealing with democratic rights of the parties. The order is bereft of application of mind. Neither the response
has been called for nor issues have been framed. No evidence was recorded. The election petition has been adjudicated by passing a callous order. It is while noticing similar conduct of Election Tribunal that Division Bench of this Court in the case of 'Sham Lal vs. State Election Commission', (1997) 1 RCR (Civil) 82 painfully observed as under:
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3.
In view of aforesaid dictum, the counsels are ad idem that the impugned order be set aside. Accordingly, the same is hereby set aside.
The matter is remanded back to the Tribunal to decide the same afresh, in accordance with law.
4.
Keeping in view the fact that the election petition is of the year 2024, this Court is sanguine that the election tribunal shall decide the same expeditiously preferably within a period of six months. 5.
The parties shall appear before the Tribunal on 07.07.2026. 6.
The appeal is disposed off accordingly.
7.
Pending application, if any, shall also stand disposed off. May 13, 2026 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No