HARBANS KAUR Vs. JASVIR KAUR AND ORS.

JUDGEMENT

(1.) Against an order dated July 15, 2014, passed by the Election Tribunal, Ludhiana, issuing a direction for recounting of the votes in election petition which is stated to be barred by time, the present petition has been preferred under Article 227 of the Constitution of India.

(2.) Briefly stated the facts relevant for the decision of the present petition are that panchayat elections of Village Chankoian Khurd, Tehsil Payal, District Ludhiana was held on July 3, 2013. The petitioner and respondent No.1 contested for the post of Panch of Gram Panchayat Ward No.3, Village Chankoian Khurd. The petitioner was declared winning candidate on the post of Panch on July 3, 2013. The petitioner allegedly took oath vide declaration form annexure P-1. A notification annexure P-2 was issued on July 12, 2013, as per provisions of Section 71 of the Punjab State Election Commission Act. After 60 days of declaration of the result, respondent No.1 filed Election Petition before the Election Tribunal, Ludhiana, alongwith application for condonation of delay. The application for condonation of delay is being contested and no reply has been filed to the main election petition. Respondent No.1 approached this Court by filing a CWP No. 10269 of 2014 for a direction that Tribunal should decide the election petition expeditiously. Said petition was disposed of in limine with a direction to the Tribunal to make earnest endeavour to decide the election petition expeditiously vide order dated May 26, 2014, annexure P-6. The Election Tribunal vide order annexure P-7 has issued directions to the Returning Officer and Presiding Officer for recounting of the votes in election petition. The impugned order reads as follows:-

(3.) The case could not be taken up on July 24, 2014 and August 5, 2014 on account of Presiding Officer being busy in other administrative work.