LAWS(P&H)-2015-7-15

SABJINDER SINGH Vs. JASPAL SINGH AND ORS.

Decided On July 01, 2015
Sabjinder Singh Appellant
V/S
Jaspal Singh And Ors. Respondents

JUDGEMENT

(1.) PETITIONER has filed this petition under Article 227 of Constitution of India challenging the order dated 18.5.2015 (Annexure P -8) whereby recounting of the votes had been ordered by the Election Tribunal.

(2.) LEARNED counsel for the petitioner has submitted that the Tribunal had erred in ordering the recounting of the votes as there were no justifiable reason for doing so. In support of his argument learned counsel has placed reliance on 'Preet Mohinder Singh versus Kirpal Singh, : 2001(2) R.C.R. (Civil) 647' wherein it was held as under: -

(3.) LEARNED counsel for respondent No. 1, on the other hand, has submitted that the impugned order was liable to be upheld as real picture would emerge before the Tribunal and recounting of the votes would not harm the interest of any party. In support of his arguments, learned counsel has placed reliance on the decisions given by this Court in 'Gurtej Singh versus Darbara Singh, : 2000(2) R.C.R. Civil 525' and, 2006(2) L.A.R. 282 titled Roop Singh versus The Deputy Commissioner and others.