KULDIP KAUR Vs. JARNAIL KAUR

JUDGEMENT

(1.) THIS order will dispose of above mentioned two appeals bearing FAO Nos. 5622 and 5623 of 2009, as the contention in law sought to be raised by learned counsel for the appellants is identical. The facts have been noticed from FAO No. 5622 of 2009.

(2.) THE dispute in the election petition filed before the Tribunal was pertaining to the election of Gram Panchayat, Bulepur, Tehsil Khanna, District Ludhiana. The election having been challenged, Presiding Officer, Election Tribunal-cum-Sub Divisional Magistrate, Payal (for short, 'the Tribunal') accepted the petition filed by Jarnail Kaur while setting aside the election of Kuldip Kaur. The order has been impugned by Kuldip Kaur before this court.

(3.) ON the other hand, learned counsel for respondent No. 1 submitted that if the case of the parties is considered on merits, the appeal filed by the appellant deserves to be dismissed. Respondent No. 1 had secured more votes than the appellant in terms of the admitted facts where both had contested elections against each other. No evidence was required to be produced to prove this fact as the material on record before the Tribunal was sufficient. Framing of issues should not be taken to be a ritual to be performed in every case. Substance of the matter is to be seen.