KARTARA Vs. SANTOSH DEVI

JUDGEMENT

(1.) THIS revision petition has been filed against an order dated 7.8.2006 passed by the learned Addl. Civil Judge (Sr. Divn.), Kaithal acting as an Election Tribunal. In view of the evidence produced before the Tribunal, the Court has allowed the recounting.

(2.) THE learned counsel for the petitioner contends that no counting could be allowed without making an application to the Returning Officer under Rule 69 of the Haryana Panchayati Raj Election Rules, 1994. However, there is no force in this contention in view of the law laid down by the Hon'ble Supreme Court in case Sohan Lal v. Babu Gandhi and others, 2003(2) RCR(Civil) 731 (SC) : 2002(2) PLJ 479 wherein the earlier view in case Smt. Ram Rati v. Saroj Devi and others, AIR 1997 SC 3072 was specifically overruled. There is no illegality in the impugned order which may call any interference by this Court. Dismissed. Petition dismissed.