In the High Court for the States of Punjab and Haryana at Chandigarh. FAO No. 4779 of 2009 Decided on 23.12.2010. Devinder Kaur --Appellant Vs. Rano and others -- Respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Depender Singh,Advocate, for Mr.B.S.Sidhu,Advocate, for the appellant Mr.Anmol Rattan Sidhu,Advocate,for respondent No.1. Mr.N.S.Pawar,Addl.A.G.Punjab, for respondent Nos.10 to 12. Rakesh Kumar Jain, J, (Oral) This appeal has arisen out of an order passed by the learned Election Tribunal (Deputy Commissioner) Muktsar, dated 25.8.2009, by which election petition filed by respondent No.1 has been allowed and the election of the appellant herein was set aside. On 25.9.2009, following order was passed by this Court:- “Learned counsel for the appellant states that only ground on the basis of which, the election was set aside, is that the ballot paper was not printed in alphabetical order and as such, the name of the FAO No. 4779 of 2009 -2- respondent was shown at Sr. No.21. While doing so, the Election Tribunal neither framed any issue nor any evidence was led to reach a conclusion that the election result was materially affected on account of the same, especially when, the number of the appellant and six others also stood changed. Further, Section 81 of the Punjab State Election Commission Act,1994 was referred to show that the election petition shall be tried by the Election Tribunal as nearly as may be in accordance with the procedure contained in the CPC. Notice of motion for 30.11.2009. Meanwhile, the operation of the order dated 25.8.2009 passed by the Election Tribunal-Cum- Deputy Commissioner, Muktsar, shall remained stayed” Learned counsel for the respondent Mr.Anmol Rattan Sidhu, has very fairly stated that the whole grievance of the appellant is that the Election Tribunal has decided the election petition without framing relevant issues. He further submits that the impugned order may be set aside and the matter may be remanded back to the learned Election Tribunal, Muktsar, to decide the election petition afresh after framing relevant issues arising out of the pleadings of the parties and decide the same expeditiously. FAO No. 4779 of 2009 -3- This proposal is accepted by the learned counsel for the appellant. In view thereof, the present appeal is allowed. The impugned order dated 25.8.2009 is set aside and the matter is remanded back to the learned Election Tribunal, Muktsar to decide the matter afresh after framing the relevant issues arising out of the pleadings of the parries as early as possible, preferably within a period three months from the date of receipt of a certified copy of this order as well as the record. The Registry is directed to send the record of this case back to the learned Election Tribunal,Muktsar, whereas the parties are directed to appear on 07.1.2011. 23.12.2010 (Rakesh Kumar Jain) RR Judge