KULDEEP SINGH Vs. MOHIT KUMAR

JUDGEMENT

(1.) Challenge in the present Revision Petition is to the order dtd. 22/4/2025 (Annexure P-15), passed by the Election Tribunal, Panipat whereby the application filed by the Election petitioner/respondent No.l herein, for recounting of votes, has been allowed.

(2.) Briefly stated the facts are that the petitioner and respondent no.l had contested for election of Sarpanch of Gram Panchayat, Buana Lakhu, District Panipat which was conducted on 2/11/2022. The petitioner was declared elected. However, upon a recount of votes conducted on 2/11/2022 itself, the respondent no.l was then declared elected as Sarpanch on 2/11/2022. This action was challenged by the petitioner before this Court by way of CWP No.25694 of 2022, which was allowed vide order dtd. 5/3/2024 (Annexure P-1). However, liberty was granted to the respondent no.l to file election petition. In the said election petition, the respondent no.l filed instant application seeking recount of votes; which has been allowed vide impugned order. Hence, present revision petition.

(3.) It is inter alia submitted by learned Senior Counsel appearing on behalf of the petitioner that the first application filed by the respondent No.l for recounting of votes already stood dismissed by the Election Tribunal vide order dtd. 5/7/2024 (Annexure P8). The said order was never challenged by respondent No.l. Thus, during pendency of the Election petition, there was no cause or occasion for respondent No.l to file a second application for recounting of votes. It is contended that if votes are recounted time and again, there would be no end to this process. Moreover, the Election Tribunal had already dismissed the previous application of the respondent for recounting, and therefore, the Tribunal could not have gone against its own order (Annexure P8) in now directing that votes be recounted.