GURNAM BINDRA SINGH Vs. KULWANT SINGH

JUDGEMENT

(1.) This case has witnessed a seesaw battle in Court of two political aspirants as various petitions have been filed in order to grab the power after the election was over. Gurnam Bindra Singh (Appellant) and Kulwant Singh (Respondent No. 1) were pitted against each other in the election for the post of Municipal Councilor from ward No. 15, SAS Nagar, Mohali which was held on 30.07.2006 under the provisions of the Punjab State Election Commission Act, 1994 [for short "the Act"]. Ward No. 15 comprises of three booths i.e. booth Nos. 47, 48 and 49. The Appellant polled 290, 351 and 517 votes in booth Nos. 47, 48 and 49 respectively, total 1158 votes, whereas Respondent No. 1 polled 425, 392 and 289 in booth Nos. 47, 48 and 49 respectively, total 1106 votes and 26, 54 and 5 votes in booth Nos. 47, 48 and 49 respectively, total 85 votes were cancelled. The Appellant was declared as elected by a margin of 52 votes as Municipal Councilor from ward No. 15 of the Municipal Council, SAS Nagar, Mohali. The Respondent No. 1 challenged the election of Appellant by way of Election Petition dated 29.08.2006 filed under Section 76 of the Act. When the case was listed before the Election Tribunal on 17.04.2007, Respondent No. 1 filed an application for summoning the election record including the cancelled/rejected votes in all the aforesaid three booths. The Election Tribunal ordered for summoning of record and adjourned the case to 24.04.2007. The Appellant came to know on 18.04.2007 from the news reports appearing in the "Chandigarh Tribune" and the "HT Chandigarh Live" that the Election Tribunal/Deputy Commissioner had ordered for re-counting of votes on 24.04.2007. In utter panic, the Appellant filed CWP No. 5874 of 2007 titled as 'Gurnam Bindra Singh v. State of Punjab and Ors. seeking quashing of Annexure P-7 and Annexure P-8 therein, namely, the news paper reports as per which re-counting was ordered to be held on 24.04.2007 in respect of the votes of all the aforesaid three booths of ward No. 15 and in the alternative, in the nature of prohibition for staying the order of recounting. Initial order in the said Civil Writ Petition was passed on 23.04.2007, which reads as under:

(2.) On the next date, i.e. 24.04.2007, the above said Writ Petition was withdrawn by the Appellant with the following order:

(3.) After the aforesaid Writ Petition was over, the Appellant filed Civil. Revision No. 2449 of 2007 dated 05.05.2007 under Article 227 of the Constitution of India for transfer of the election petition to any other Election Tribunal in the State of Punjab or Haryana. The said revision petition came up for preliminary hearing on 07.05.2007 in which following order was passed by this Court: