BEANT KAUR Vs. NASIB KAUR & OTHERS

JUDGEMENT

(1.) This appeal has been filed by Beant Kaur challenging the order dated August 27th, 2009 passed by the Presiding Officer, Election Tribunal-cum-Deputy Commissioner, Mansa (for short 'the Tribunal'), whereby, re-counting of the votes of election of Gram Panchayat of village Attla Khurd was ordered. Nasib Kaur (defeated candidate) respondent filed election petition before the Tribunal on various grounds against Beant Kaur (winning candidate).

(2.) The main thrust of the argument of learned counsel for the appellant is that the Tribunal had no authority to order re-counting of the votes.

(3.) The question arises as to whether re-counting of the votes could be ordered by the Tribunal during the pendency of the election petition or not The question is no more res-integra. In a judgment, Roop Singh vs. The Deputy Commissioner and others, 2006 2 LAR 282, a division Bench of this Court after referring to the earlier judgments passed by this Court in Gurtej Singh vs. Darbara Singh, 2000 2 RCR(Civ) 525 FAO No. 4699 of 2009. (2) and Mander Singh vs. Mangal Singh, 2000 126 PunLR 835 held that to finally do complete justice between the parties and to avoid unnecessary protracted litigation, the order of re-counting is an effective and expeditious solution and upheld the order of re-counting passed by the Tribunal. Above being the legal and factual position, the appeal is devoid of merit and is dismissed.