SURJIT KAUR Vs. SURJIT KAUR AND ORS.

JUDGEMENT

(1.) ELECTIONS for the membership of Block Samiti Zone 10, Village Gujjran, Tehsil Sunam, District Sangrur were held on 1st October, 1994 Surjit Kaur wife of Shaminder Singh, Petitioner (hereinafter referred to as 'the Petitioner') was declared elected. There were two candidates by the name of Surjit Kaur who contested those elections. The name of the other candidate was Surjit Kaur wife of Jagroop Singh, Respondent (hereinafter referred to as 'the Respondent'). Respondent filed an Election Petition with the designated authority the Deputy Commissioner of District Sangrur, on 16th October, 1994 stating therein that the votes polled by her had been counted in the count of the Petitioner. She claimed a recount. Notice of the Election Petition was issued to the Petitioner for 26th October, 1994.

(2.) IN the meantime, Respondent filed C.W.P. 15125 of 1994 in this Court during the Dussehra holidays, which was put up before a Single Bench of this Court. Learned Single Judge on 17th October, 1994, passed the following order:

(3.) PETITIONER being aggrieved against the orders Annexures P -7 and P -8 has filed the present writ petition, challenging the same inter alia on the ground that recount could not be ordered without giving opportunity for filing of written statement of the parties, ordered the recount. The Sub Divisional Officer (Civil), Sunam was directed to recount the votes on the same day at 3.30 P.M. with the help of the Tehsildar, Sunam, who was the Presiding Officer. Recounting was done and, - -vide order Annexure P -8, the Respondent was declared elected.