IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.2698 of 2010 (O&M) DATE OF DECISION: 30.09.2010 **** Joginder Pal . . . . Appellant Vs. Raji and others . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.M.K. Dogra, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against the order of Deputy Commissioner-cum-Presiding Officer, Election Tribunal, Gurdaspur (for short ‘the Tribunal’) dated 09.09.2009 by which election petition filed by the appellant has been dismissed on the ground of lack of evidence. The appeal has been filed along with Civil Misc. Application No.12941-CII of 2010 under Section 5 of the Limitation Act, 1963 for condonation of delay of 3 days in filing of the appeal. At this stage, before issuing notice in the application, this Court has also considered the merits of the case and has found that the appellant had signed Form No.9 after the declaration of result, therefore, he could not approbate and reprobate to say that the counting was not done either in his presence or in the presence of his counting agents, moreover, in the grounds of appeal, he has not assailed the finding recorded in issue No.1 about his signing on Form No.9 after declaration of result. He submits that he may be allowed to file additional affidavit to challenge this finding on the ground that he had not signed it. I am afraid that this permission can not be granted as this ground was not taken by the appellant either before the Tribunal or even in the grounds of appeal. After perusing the record, I find that there is no merit in the present appeal and as such the same is hereby dismissed. No costs. (RAKESH KUMAR JAIN) SEPTEMBER 30, 2010 JUDGE Vivek