SUKHWINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) It is not in dispute that result of the election for the post of Sarpanch of Village Hakuwala, Block Lambi, District Sri Muktsar Sahib, was declared and the respondent No.6 was given a certificate of declaration of result of the said election.

(2.) Learned counsel for the petitioner submits that petitioner has a clear cut case for making an order of recounting and the petitioner is bound to succeed in the recounting and liable to be declared elected.

(3.) We have given a careful consideration to the submissions made by learned counsel for the petitioner. The legal position is settled that the recounting can only be done by the Court/Tribunal upon the evidence being adduced before it and thereafter the Court/Tribunal would come to a conclusion on evidence that an order of recounting is required to be made. It is not possible in the extraordinary writ jurisdiction of this Court to do so as prayed by learned counsel for the petitioner, all the more so in the wake of availability of statutory alternate efficacious remedy by way of election petition. The Election Tribunal has a power to order recounting if it is satisfied on evidence that recounting is necessary. In fact, the Election Tribunal itself also may conduct recounting.