FAO No.5815 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5815 of 2010(O&M) Date of Decision: 03.02.2011 Balbir Singh ...Appellant Versus Amarjit Singh and others .....Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present:- Mr. Vinod Khunger, Advocate for the appellant. ..... RAJESH BINDAL, J. Challenge in the present appeal is to the order passed by the Election Tribunal-cum-Additional Deputy Commissioner, Ferozepur (for short “the Tribunal) setting aside the election of respondent No.1-Amarjit Singh as Panch of Gram Panchayat Village Jhuge Hazara Singh Wala, Tehsil and District Ferozepur. Learned counsel for the appellant, who was the petitioner before the Tribunal submitted that when the election of respondent No.1 was set aside, the petitioner who had secured votes next in number in the same category, should have been declared elected instead of issuing direction for holding of fresh election. After hearing learned counsel for the appellant, I do not find any merit in the submissions made. A perusal of the election petition filed by the appellant before the Tribunal shows that the only prayer made was:- “The election petition of the petitioner be accepted, the election of respondent No.1 as elected member panchayat be set aside, and the nomination paper of respondent No.1 be cancelled.” There being no prayer made for declaring the appellant as elected candidate against the seat to be vacated by respondent No.1 the Tribunal has rightly not granted that relief to the appellant. Accordingly the present appeal is dismissed. Dismissed. (RAJESH BINDAL) JUDGE FAO No.5815 of 2010 2 03.02.2011 sharmila