HARJINDER SINGH Vs. TARLOCHAN SINGH

JUDGEMENT

(1.) This order will dispose of CR Nos.1802 and 1803 of 2020 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from CR No.1802 of 2020.

(2.) Challenge in the present petition has been directed against order dated 25.02.2020 Annexure P5 passed by the Election Tribunal, Khadur Sahib, Tehsil and District Tarn Taran whereby recounting of votes for the post of Panch from Ward No.9 in respect of election held on 30.12.2018 for Gram Panchayat village Sohal, Block Gandiwind, Tehsiland District Tarn Taran has been ordered.

(3.) Counsel for the petitioner would argue that the impugned order is bereft of reasoning much less recording a finding that a prima facie case is made out for ordering recounting of votes poled on 30.12.2018. It is further argued that the Election Tribunal without examining rival submissions made by the parties passed a very cryptic order as such suffers from arbitrariness and lacking foundation. It is further argued that Hon'ble the Supreme Court in Suresh Prasad Yadav Vs. Jai Prakash Mishra and ors., 1975(4) SCC 822 has held, reads thus:-