IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. FAO No.1785 of 2009 (O&M) & FAO No. 2324 of 2009 (O&M) Date of decision: 28.05.2009 Jit Ram @ Jit Singh ... Appellant. VERSUS Deputy Commissioner-cum-Election Tribunal, Hoshiarpur & Others. ...Respondents. CORAM: HON'BLE MR. JUSTICE, RAKESH KUMAR JAIN. Present: Mr.Gulab Nabi Malik, Advocate for the appellant. Mr.P.S.Dhaliwal, Advocate for the respondents. *** RAKESH KUMAR JAIN, J. (ORAL) This order shall dispose of FAO No.1785 of 2009 and FAO No.2324 of 2009, both titled as “Jit Ram @ Jit Singh Vs. Deputy Commissioner-cum-Election Tribunal, Hoshiarpur & Others. The facts are extracted from FAO No.1785 of 2009. In FAO No.1785 of 2009, at the time of notice of motion, following order was passed: “Learned counsel for the appellant, inter alia, contends that the evidence of the election petitioner (Manohar Lal) was closed on 10.2.2009 and the case was fixed for evidence of the appellant (Jit Singh) for 3.3.2009. But on the request of the counsel for the election petitioner, the case was adjourned to 10.03.2009, although, the witnesses of the appellant were present. On 10.3.2009, Bar was on strike; therefore, the case was adjourned for 17.3.2009. When the case was adjourned for 17.3.2009, following order was passed: “The file presented and the case was called. The petitioner and respondent are present, the bar association has passed resolution to abstain from work. The case is adjourned for the evidence of the respondent for 17.3.2009.” It is contended by the learned counsel for the appellant that on 17.3.2009 his witnesses were present for their oral evidence along with the documents to be tendered in their statements but the Election Tribunal in spite of taking the evidence of the appellant decided the election-petition itself on 17.3.2009. Therefore, he has not been granted equal opportunity to lead his evidence in support of his case”. Learned counsel for the respondent Mr. P.S. Dhaliwal, stated at the bar that the present appeals may be allowed and the matter be decided afresh after granting opportunity to the appellant for leading his evidence. Learned counsel for the appellant, however, submits that he may be provided at least two opportunities to lead his evidence. Learned counsel for respondent has no objection to the request made. In view of the above, the order order dated 17.03.2009 passed by the Election Tribunal is set aside. Matter is remanded to the Election Tribunal to decide the election petition afresh after affording two effective opportunities to the appellant to lead his evidence. With these observations, the present appeals are allowed. Parties shall appear before the Election Tribunal on 10.06.2009. 28.05.2009 (RAKESH KUMAR JAIN) shamsher JUDGE