1 CWP NO. 2497 OF 2010 -.- IN THE HIGH COURT FOR PUNJAB & HARYANA AT CHANDIGARH. -.- CWP NO. 2497 of 2010 Date of Decision:- 18.11.2010 -.- Ashok Kumar ...Petitioner Versus The Punjab State Election Commission & others. ...Respondent(s). -.- CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present:- Mr.Gurpartap Singh Gill, Advocate, for the petitioner. Mr.G.S.Turna, Advocate, for the respondents. -.- Alok Singh, J. (Oral) Learned counsel for the petitioner states that in the present petition order under challenge is re-counting order directed by the Election Tribunal. Learned counsel further states that during the pendency of the present petition, election petition has already been allowed by the Election Tribunal. Learned counsel for the petitioner further states that judgment of the Election Tribunal is under challenge in CWP No. 18993 of 2010. Learned counsel for the petitioner further states that in that writ petition re- counting order is also put under challenge saying that Election Tribunal has absolutely no jurisdiction to order re-counting during the pendency of the election petition. In view of the final decision in the election petition and in view 2 CWP NO. 2497 OF 2010 -.- of the filing of the writ petition challenging the judgment of the Election Tribunal, present writ petition has rendered infructuous. Therefore, the present writ petition is dismissed. However, petitioner shall be at liberty to challenge the impugned order herein in the main writ petition, which shall be decided without being prejudiced from the dismissal of this petition. (Alok Singh ) (Judge) November 18, 2010. Saini