FAO No.2974 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.2974 of 2010 (O&M) Date of Decision: 25.5.2010 Harjit Singh ..Appellant. Vs. Presiding Officer, Election Tribunal, Shahkot and others ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Tribhuwan Singla, Advocate for the appellant. RAKESH KUMAR JAIN, J. This appeal is directed against the order of the Sub Divisional Magistrate-cum-Presiding Officer of the Election Tribunal, Shahkot, by which the election of the appellant Harjit Singh has been set aside and the Returning Officer has been directed to conduct a draw of lot as both the appellant as well as respondent No.1 are stated to have secured equal number of votes. The only argument raised by counsel for the appellant is that recounting has been illegally done without there being any evidence on record. However, he could not answer the query of the court that when the Election Tribunal had fixed the date of recounting as 25.2.2010, then why the appellant did not challenge the said order if he is so aggrieved against the order of recounting. Once the appellant participated in recounting without any objection, he is estopped from saying that recounting has been FAO No.2974 of 2010 (O&M) -2- done against his wishes and the same is vitiated by law. In view of the above, I do not find any error in the order passed by the Tribunal and as such, the present appeal is dismissed. (Rakesh Kumar Jain) 25.5.2010 Judge Meenu