SUKHCHAIN Vs. ELECTION TRIBUNAL

JUDGEMENT

(1.) THE present revision has been filed against the order dated 29.9.2005 passed by the Election Tribunal which reads as under :-

(2.) LEARNED counsel for the petitioner has challenged the order on the ground that recounting has been ordered by the Election Tribunal without referring to any material on record. The contention of the learned counsel for the petitioner was that merely because out of 3566 votes, 105 votes were rejected, it was no ground for recounting. In support of his contention, the learned counsel for the petitioner placed reliance on the judgment of the Hon'ble Supreme Court in the case of M. Chinnasamy v. K.C. Palanisamy and others, 2004(1) RCR(Civil) 303, wherein it has been held as under :-

(3.) IT may be noticed that in pursuance to the pleadings of the parties, it was incumbent upon the Election Tribunal to frame issues and, thereafter, it was open to the Tribunal to allow the parties to lead evidence. However, it was not open to the Election Tribunal to look into the rejected votes merely because 105 votes were rejected. Learned counsel for the petitioner further placed reliance on the judgment of this Court in Radha Krishan v. The Election Tribunal-cum-Sub Judge Ist Class, Hisar and other, 1999(4) RCR(Civil) 79 (P&H) : 2001(1) CLJ 235.