SURJIT KAUR Vs. JASWANT KAUR

JUDGEMENT

(1.) HEARD learned Counsel for the appellant and the learned Counsel for the respondents.

(2.) A perusal of the judgment under appeal will go to show that there was difference of one vote between the winning candidate and the losing candidate. Before the Election Tribunal, both the parties, i.e. the petitioner-Jaswant Kaur and the contesting respondent No. 1-Smt. Surjit Kaur made a statement in the presence of their counsel that they had no objection to the recounting of the votes. In view of the stand taken by them, the recounting of votes was got conducted by the District Electoral Officer, who submitted his report to the Election Tribunal. As per the report of the District Electoral Officer, Smt. Jaswant Kaur, who was election-petitioner got 44 votes in her favour as against 42 votes polled in favour of the present-appellant, Smt. Surjit Kaur. It was on the basis of the recounting of votes that the election petition was allowed and Smt. Jaswant Kaur was declared elected. Since the recounting of votes was done on the consent of both the sides and in the recounting Smt. Jaswant Kaur was found having polled 44 votes as against 42 votes polled in favour of Smt. Surjit Kaur, no valid and legal objection can now be raised regarding the order of recounting. I find no infirmity in the impugned order of the Election Tribunal. The appeal has no merit and is dismissed, with no order as to costs. Appeal dismissed.