IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.5014 of 2009 (O&M) Decided on : 08.09.2010 Akbar Singh ... Appellant versus Election Tribunal-cum-SDM Zira & others ... Respondents CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR JAIN Present : Mr. Vishal Deep Goyal, Advocate for the appellant. Mr. R.L.Gupta, Addl. AG, Punjab. Mr. Sandeep Jasuja, Advocate for respondent No.2. Ms. Rajwinder Kaur, Advocate for respondent No.8. **** RAKESH KUMAR JAIN, J. This appeal is directed against the order dated 12.08.2009 passed by learned Election Tribunal, Zira by which election petition was allowed on the basis of recounting of votes. Learned counsel for the appellant, inter alia, submits that the election petition was initially not filed with a prayer for recounting. The appellant was proceeded against ex-parte and then an application was filed by election petitioner to seek recounting of votes. The said application was allowed without notice and recounting was ordered without there being any evidence on record, to prove even a prima facie case for recounting. Needless to mention that the Court has to record a prima facie finding of fact on the basis of which recounting is to be ordered. In my view, the order passed by the Election Tribunal, Zira on 12.08.2009 is patently illegal and the same is set aside. The matter is remanded back to the Election Tribunal, Zira to decide the election petition afresh in accordance with law. FAO No.5014 of 2009 (O&M) -2- Parties are directed to appear before the Election Tribunal, Zira on 04.10.2010. September 08, 2010 (RAKESH KUMAR JAIN) sonia JUDGE