C.O.C.P No. 943 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.O.C.P. No. 943 of 2008 Date of Decision: January 14, 2009 Boota Singh .....Petitioner Versus Surjit Singh .....Respondent CORAM: HON’BLE MR JUSTICE T.P.S.MANN Present : Mr. R.V.S.Chugh, Advocate for the petitioner. Mr. S.S.Sahu, AAG, Punjab for the respondent. T.P.S.MANN, J.(Oral) The petitioner had sought initiation of contempt proceedings against the respondent for not complying with the order passed by a Division Bench of this Court on 5.6.2008 while disposing of CWP No. 10509 of 2008 filed on his behalf and others. Vide aforementioned order, the respondent was directed to decide the representation dated 29.5.2008 filed by the petitioner and others by passing a speaking order and after giving them an opportunity of being heard. Such an order was required to be passed within ten days from the date of receipt of the said order. C.O.C.P No. 943 of 2008 -2- Reply has been filed by the respondent. In para 1 of the preliminary submissions, it has been submitted therein that all the petitioners, who had filed Civil Writ Petition No. 10509 of 2008 were given an opportunity of being heard. They came present before the respondent and made their statements on 19.6.2008. After recording their statements, the representation dated 29.5.2008 was decided by passing a detailed order on 24.6.2008, copy of which has been attached as Annexure R-1 with the reply. Perusal of order dated 24.6.2008 reveals that after recording of the statements of all the petitioners, the respondent concluded that during the counting of votes, they or their agents were present in the room and, therefore, it was not proper for them to allege at a later stage that the counting had not been done in a proper manner. Besides, all the petitioners filed their applications after three days of the declaration of the result, i.e., on 29.5.2008. The only remedy available to them was to file an election petition with the Election Tribunal so as to challenge the election. Finding no merit in the representation dated 29.5.2008, the same had been disposed of by the respondent. In view of the above, there is no merit in the present petition, which is, accordingly, dismissed. Rule is discharged. ( T.P.S. MANN ) January 14, 2009 JUDGE ajay-1 C.O.C.P No. 943 of 2008 -3-