JOGINDER SINGH Vs. SUBA SINGH

JUDGEMENT

(1.) This order shall dispose of two appeals bearing FAO No. 299 of 2010 titled as Surinder Kaur v. Kartar Kaur and Ors. against the order dated 29.12.2009 passed by Additional Deputy Commissioner-cum-Election Tribunal, Ferozepur in an Election Petition No. 11-EP of 2008 whereby the Election Petition filed by the appellant has been dismissed and FAO No. 300 of 2010 titled as Joginder Singh v. Suba Singh and Anr. against the order dated 29.12.2009 passed by Additional Deputy Commissioner-cum-Election Tribunal, Ferozepur whereby Election Petition filed by appellant Joginder Singh has been dismissed. However, the facts are being taken from FAO No. 300 of 2010.

(2.) At the time of notice of motion, learned Counsel for the appellant, who has filed both the appeals together, had argued that one of the contentions raised by learned Counsel for the appellant is that there is a difference of only two votes between the appellant and respondent No. 1 (returned candidate) as the appellant had got 16 votes whereas respondent had got 18 votes. It is submitted that four votes have been cancelled in violation of Rule 33(c) of The Punjab Panchayat Election Rules, 1994 as the Returning Officer, at the time of rejecting votes, did not record any reason as per law. He further submits that those four votes which have been rejected by the Returning Officer may be re-inspected by this Court and if it is found that rejection is in accordance with law much less Rule 36 of The Punjab Panchayat Election Rules, 1994, he would not press the present petition.

(3.) Before issuance of notice of motion, it would be appropriate to see those four votes, therefore, Registry is directed to summon those four rejected polled votes in the election of Panch of Gram Panchayat Peer Khan Sheikh, Tehsil and District Ferozepur from the office of the Tribunal.