C.R. No.1189 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.1189 of 2010 Date of Decision: 28.06.2010 Nachhatar Singh .……Petitioner Versus The Presiding Officer and others ……Respondents Coram:- HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Jatinder Singla, Advocate for the petitioner. Mr. Harsh Aggarwal, Advocate for respondent No.2. L. N. MITTAL, J (ORAL) Returned candidate Nachhatar Singh has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 10.02.2010 passed by Presiding Officer (Sub- Divisional Magistrate), Election Tribunal, Dhuri in election petition filed by Devinder Singh-respondent No.2 herein, assailing the election of the petitioner as Panch of Gram Panchayat, Shergarh alias Sihansingwala. The Election Tribunal vide impugned order has ordered recounting of the votes polled by the candidates, who contested the said election. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner vehemently contended that the Election Tribunal has ordered recounting of the votes without recording any reasons. I find considerable force in the aforesaid contention raised by counsel for the petitioner. This Court has observed in various judgments that recounting of votes has serious C.R. No.1189 of 2010 -2- repercussions and consequences and should not be ordered in routine, without there being sufficient ground. In the instant case, perusal of the impugned order reveals that the Election Tribunal observed that from the arguments of learned counsel for the parties, it was found that at the time of declaration of election result, votes had not been counted rightly. On this ground, recounting of votes has been ordered by the Election Tribunal. However, the Election Tribunal has not recorded any basis or reasons for arriving at the aforesaid conclusion. No reason has been stated in the impugned order as to how it could be said that votes were not counted rightly. The impugned order is completely non-speaking. The Election Tribunal was required to pass a speaking and well-reasoned order for ordering recounting of votes, which results in serious consequences for the democratic process at grass-root level of democratic institutions. Consequently, the impugned order is completely unsustainable. For the reasons aforesaid, the instant revision petition is allowed and impugned order dated 10.02.2010 passed by the Election Tribunal, Dhuri is set aside. The Election Tribunal shall pass fresh well-reasoned speaking order in accordance with law on prayer of election petitioner (respondent No.2 herein) for recounting of votes. Parties are directed to appear before the Election Tribunal, Dhuri on 19.07.2010. ( L. N. MITTAL ) JUDGE 28.06.2010 A. Kaundal