MANGE RAM PUNIA Vs. RAJ SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order passed by learned Trial Court on 15.12.2005 whereby the application seeking recount of the votes was declined. It is the case of the petitioner that elected candidate has been declared elected by a margin of 13 votes only and many bogus votes have been polled and that there are many voters who have caste votes at 2 places. However, such application was filed by the petitioner before the petitioner led any evidence in support of the election petition on the basis of which the petitioner has filed the election petition.

(2.) The Court declined the application for recount of the votes on the ground that vague pleas have been taken but no documentary or other evidence has been prima facie brought on record in support of such pleas.

(3.) Learned counsel for the petitioner has relied upon a Full Bench judgment of this Court in Radha Kishan Vs.Election Tribunalcum- Sub Judge, Hissar 1999 (3) PLR 1 to contend that upon being prima facie satisfied it is open to the Court of competent jurisdiction to order scrutiny and computation of votes recorded in favour of each candidate. However, the said judgment is of no help to the petitioner in as much as the Court has to be satisfied that the recount is necessary. In the absence of any evidence, the stage is yet not ripe for the petitioner to contend that the case is made out for recount at this stage.