CM No.7493-CII-2009 and - 1 - FAO No.1456 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.7493-CII-2009 and FAO No.1456 of 2009 DATE OF DECISION: 16.04.2009 **** Gian Chand . . . . Appellant VS. Binder Singh and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Mansur Ali, Advocate for the appellant. Mr.S.S. Salar, Advocate for the respondents. **** RAKESH KUMAR JAIN J.(ORAL) CM No.7493-CII-2009 Notice in the application under Section 5 of the Limitation Act was issued. Reply to the application is filed in the court and a copy of the same is handed over to the counsel for the appellant. After hearing learned counsel for the parties, delay of 11 days in filing the present appeal is hereby condoned. CM stands disposed of. MAIN CASE Vide the impugned order, the Election Tribunal directed recount of the votes by delegating his powers to the District Revenue Officer and further to the Tehsildar. In the said recount of votes, Election petitioner was declared elected. CM No.7493-CII-2009 and - 2 - FAO No.1456 of 2009 The first and foremost argument raised by the learned counsel for the appellant is that the procedure adopted by the Election Tribunal for recount of votes through Tehsildar has no sanctity of law. In this regard, learned counsel for the appellant relies upon two decisions of this Court in the case of “Satnam Singh Vs. Kamaljeet Singh” 2000(4) RCR (Civil) 525 and “Darshan Singh Vs. Deputy Commissioner-cum-President Officer, election Tribunal and others” 2000(3) RCR (Civil) 271, to contend that when the Election Tribunal orders recount of the votes, it is the duty of the Tribunal to count the votes itself. The job of recounting cannot be entrusted to any other officer/authority which is not a part of the Tribunal. Faced with this situation, learned counsel for the respondent (elected candidate) has very fairly stated at the bar that let this appeal be allowed and the matter may be remanded back to the Election Tribunal to recount the votes itself. He further submits that since it is an election matter, the Tribunal may be directed to recount the votes within a prescribed period of time. Since this offer is not objected by the learned counsel for the appellant, therefore, the order of the Tribunal is set aside and the matter is remanded back to the Tribunal to recount the votes itself. Let this exercise be done as expeditiously as possible preferably within a period of three months form the date of appearance of the parties before it and the receipt of the certified copy of this order. Both the parties are directed to appear before the Tribunal on 14.5.2009. (RAKESH KUMAR JAIN) APRIL 16, 2009 JUDGE vivek