IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 5627 of 2009 Date of decision : May 25, 2010 Sukhwant Rai ....Petitioner versus Deputy Commissioner and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Vikas Bahl, Advocate, for the petitioner Mr. Vivek Chauhan, AAG, Punjab for respondents no. 1 and 7 None for respondents no. 2 and 6 L.N. Mittal, J. (Oral) Respondent no. 2 Harmesh Lal filed election petition against petitioner Sukhwant Rai challenging election of the petitioner herein as Councilor of Municipal Council, Balachaur from Ward No. 11. The Election Tribunal vide impugned order dated 1.2.2006, Annexure P/9, ordered recounting of the votes polled in the election. Elected candidate has filed the instant revision petition under Article 227 of the Constitution of India challenging the said order dated 1.2.2006. None has appeared for respondents no. 2 to 6 in spite of service. I have heard learned counsel for the petitioner and learned State counsel for respondents no. 1 and 7 (who are almost proforma respondents) and perused the case file. Civil Revision No. 5627 of 2009 -2- Learned counsel for the petitioner vehemently contended that recounting of votes has been ordered without any sound reason. Moreover, recounting has been ordered to be done by Sub Divisional Magistrate, Balachaur but this power could not be delegated and can be exercised by Tribunal itself. I find force in the aforesaid contention. No specific reason has been assigned in the impugned order for ordering recounting of votes. It has simply been mentioned that the plea of the election petitioner is that initially he was declared elected by the Presiding Officer. However, merely on this bald plea, recounting of votes could not be ordered. In addition to the aforesaid, the Tribunal itself is empowered for recounting and this power could not be delegated to any other officer. In view of the aforesaid, I find that the impugned order Annexure P/9 passed by the Election Tribunal is illegal and unsustainable. The revision petition is allowed and impugned order dated 1.2.2006, Annexure P/9 passed by the Election Tribunal is set aside. ( L.N. Mittal ) May 25, 2010 Judge 'dalbir'