DHARAM PAL RANA Vs. DILBAGH SINGH

JUDGEMENT

(1.) THIS application has been moved by the Election petitioner (Respondent before me) praying that the impugned order qua recount of votes may be set aside and the case be remanded back to the Election Tribunal to allow the parties to lead their evidence on the question as to whether recount should be ordered or not and after the parties have led their evidence, the Tribunal may pass order in that regard in accordance with law. However, the respondent (Election Petitioner) submits that the impugned order qua amendment of the written statement be upheld. Notice of the application was given to the petitioner in the revision petition. He has no objection to the prayer made by the respondent (Election Petitioner).

(2.) CONSEQUENTLY , I allow this application and set aside that part of the impugned order dated May 3, 1995 by which the Tribunal has ordered recount. The parties before the Tribunal shall be allowed to lead their respective evidence on the question as to whether a case for recount is made out or not after the parties have led their evidence, the Election Tribunal should pass an appropriate order in accordance with law. The other part of the order whereby the respondent before the Election Tribunal was allowed amendment in the written statement is upheld.

(3.) PARTIES through their counsel are directed to appear before the Election Tribunal on June 13, 1995 to get further directions.