Punjab-Haryana High Court
Jagrup Singh @ Roop Singh vs Presiding Officer Election Tribunal ... on 30 September, 2015
Author: Augustine George Masih
Bench: Augustine George Masih
C.M. Nos. 15794-95-CII of 2015 and
FAO No. 5113 of 2015 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
104/A C.M. Nos. 15794-95-CII of 2015 and
FAO No. 5113 of 2015
Date of decision: 30.09.2015
Jagrup Singh @ Roop Singh
....APPELLANT
\
VERSUS
Presiding Officer, Election Tribunal (Deputy Commissioner) Faridkot and
others
....RESPONDENTS
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:Mr. Param Preet Singh Brar, Advocate,
for the applicant/appellant.
****
AUGUSTINE GEORGE MASIH, J. (ORAL)
C.M. No. 15794-CII of 2015 Prayer in this application is for permission to place on record Annexures A-1 to A-4.
Prayer granted. Annexures A-1 to A-4 are taken on record. Application stands disposed of.
C.M. No.15795-CII of 2015 Prayer in this application is for condonation of delay of 75 days in filing the appeal.
The reason assigned for the delay is the wrong advise given by the counsel for the appellant, who had stated that the limitation for filing the appeal is 90 days whereas it is 30 days. The delay is not intentional or bona fide nor it would, in any manner, help the cause of the application. The application is duly supported by the affidavit. PRERNA DATTA 2015.10.01 13:33 I attest to the accuracy and authenticity of this document High Court, Chandigarh C.M. Nos. 15794-95-CII of 2015 and FAO No. 5113 of 2015 2 For the reasons mentioned in the application, the same is allowed. Delay of 75 days in filing the appeal is condoned. FAO No. 5113 of 2015
Challenge in this appeal is to the order dated 12.02.2015 passed by the Election Tribunal, Faridkot, vide which the election petition preferred by the appellant challenging the election of Sukhbir Singh son of Major Singh as Panch of the Gram Panchayat Village Chet Singh Wala on general allegations has been dismissed and the request for recounting has also been declined.
It is the contention of the learned counsel for the appellant that the findings recorded by the Election Tribunal, Faridkotr vide its impugned order are not sustainable as the appellant has been able to make out the case for recounting of the votes.
I have considered the submissions made by the counsel for the appellant and have gone through the impugned order but a perusal of the same would indicate that the findings recorded therein is on proper appreciation of the evidence, which has been brought on record. No specific ground has been established which would make out a case for recounting of the votes and mere general allegations have been made, which cannot be the basis for ordering recounting of the votes. The Tribunal has rightly appreciated the evidence on record and the legal issues.
Finding no merit in the present appeal, the same stands dismissed.
( AUGUSTINE GEORGE MASIH )
September 30, 2015 JUDGE
pj
PRERNA DATTA
2015.10.01 13:33
I attest to the accuracy and
authenticity of this document
High Court, Chandigarh