CM No.10914-C-II-2010 and - 1 - FAO No.2218 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CM No.10914-C-II-2010 and FAO No.2218 of 2010 (O&M) DATE OF DECISION: 30.04.2010 **** Harpreet Kaur . . . . Appellant VS. Amandeep Kaur . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN *** Present: - Mr.D.S. Virk, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) CM No.10914-C-II-2010 For the reasons mentioned in the application, delay of 98 days in refiling the appeal is hereby condoned. CM stands disposed of. FAO No.2218 of 2010 (O&M) This appeal is directed against an order dated 28.10.2009 passed by Additional Deputy Commissioner exercising the powers of Election Tribunal, Faridkot whereby election petition filed by the appellant has been dismissed. Admittedly, the appellant has made a prayer for setting aside the election of the respondent and for declaring her (respondent) to be CM No.10914-C-II-2010 and - 2 - FAO No.2218 of 2010 (O&M) elected Panch in her place without complying the provisions of Section 77 of the Punjab State Election Commission Act, 1994 (for short ‘the Act’) which provides under Section 80 that in case of non compliance of Section 76, 77 or 103 of the Act, the Election petition has to be dismissed. In view of the aforesaid mandate of law, the election petition deserves dismissal. For this reason alone, the appeal is dismissed, in limine, though, without any order as to costs. (RAKESH KUMAR JAIN) 30.4.2010 JUDGE Vivek