C.R. No. 3986 of 2006 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 3986 of 2006 (O&M) Date of Decision : 13.8.2009 Rajender Singh .......... Appellant Versus Returning Officer for Ward No. 23 of Municipal Corporation, Faridabad & others. ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Navneet Chhokar, Advocate for the appellant. Mr. A.K. Gupta, Addl. A.G., Haryana for respondents No.1 & 2. **** VINOD K. SHARMA, J. (ORAL) This revision petition is directed against the order dated 12.7.2006 passed by respondent No.1, vide which recount has been ordered by passing the following order :- “The recounting will be done at the HQ at Chandigarh on 31.07.2006.” The learned counsel for the petitioner vehemently contends that the impugned order cannot be sustained as the recount cannot be ordered merely on the asking unless the case is made out. It is also contended that the impugned order being non-speaking order can not be sustained and in support of this contention the learned counsel for the petitioner has placed reliance on the judgment of the Hon'ble Supreme Court in the case of Cyril C.R. No. 3986 of 2006 2 Lasrado (dead) by Lrs. And Ors. Vs. Juliana Maria Lasrado and Anr. 2004(6) J.T. 370, wherein the Hon'ble Supreme Court has been pleased to lay down that a judicial and quasi judicial order must be well reasoned and speaking in itself. Failure to give reasons to arrive at a point, amounts to denial of justice. Furthermore non-recording of reasons in support of final conclusions amounts to non-application of mind of the authority passing the order. There is a force in this contention. The order is non-speaking and does not give any reason for ordering recount. The impugned order, also cannot be sustained in view of the law laid down by this Court in the case of Bharat Singh Vs. Dalip Singh and others 1996(1) P.L.R. 70. Consequently, this revision is allowed, the impugned order is set aside and the case is remanded back to the learned Tribunal to decide the election petition in accordance with law. 13.8.2009 ( VINOD K. SHARMA ) 'sp' JUDGE