FAO No. 5718 of 2010 -1- In the High Court of Punjab & Haryana at Chandigarh FAO No. 5718 of 2010 (O&M) Date of decision : 22.11.2010 Varinder Kumar ... Appellant vs Sarabjit Singh and others .... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Amit Rawal, Advocate, for the appellant. Mr. B. S. Rana, Advocate, for respondent no. 1. Mr. Yatinder Sharma, Deputy Advocate General, Punjab. Rajesh Bindal J. This is an appeal against the order of the learned Election Tribunal, Ludhiana (hereinafter to be referred as “the Tribunal”), whereby the election of the appellant as Panch of Gram Panchayat Himanyapura, Tehsil and District Ludhiana was declared as null and void. The contention raised by learned counsel for the appellant is that on 19.7.2010 when the record was received before the Tribunal, no recounting of the votes had taken place in the presence of either of the parties or their counsels. He further submitted that at the time of initial counting 27 votes were rejected. The Tribunal was required to reconsider the total polled votes and then consider as to whether certain votes were wrongly accepted or rejected. In case certain rejected votes were being considered as valid, the reasons therefor were required to be mentioned in the order. On the other hand, learned counsel for respondent no. 1 submitted that though in the interim order it is not quite clear that recounting of votes was done on 19.7.2010 but that was conducted by the Presiding officer. Heard learned counsel for the parties and perused the relevant referred record. A perusal of the record of the Tribunal shows that it could not be found as to when the votes were recounted and in whose presence. Further the order impugned also does not show as to on what ground two rejected votes were considered as valid votes after the recounting. As substantive rights of the parties are effected with the impugned order, I deem it appropriate to remit the case back FAO No. 5718 of 2010 -2- to the Tribunal for conducting recounting of votes again in accordance with law. The impugned order passed by the Tribunal is set aside. The parties are directed to appear before the Tribunal on 3.12.2010. Thereafter, the matter be disposed of finally on or before 31.12.2010. Record be sent back. Appeal stands disposed of in the above terms. 22.11.2010 (Rajesh Bindal) vs. Judge