FAO No.4565 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** FAO No.4565 of 2009 (O&M) DATE OF DECISION: 30.07.2010 **** Parwinder Kaur . . . . Appellant VS. Kuldip Kaur and others . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr. G.S. Punia, Advocate for the appellant. Mr.R.K. Batta, Senior Advocate with Mr.Nikhil Batta, Advocate for respondent No.1. **** RAKESH KUMAR JAIN J. (ORAL) This appeal is directed against the order of Deputy Commissioner, Patiala exercising the powers of Presiding Officer Election Tribunal by which he has set aside the election of the appellant as Municipal Councilor of Ward No.6, Nagar Panchayat Ghanaur, Tehsil Rajpura, District Patiala. One of the arguments raised by learned counsel for the appellant is that the impugned order is totally non-speaking as it does not disclose any reason while setting aside the election of the appellant except for observing that there are many irregularities and illegality in the process of election which have not been rebutted. FAO No.4565 of 2009 (O&M) -2- Learned counsel for the respondent though has argued with great vehemence that the order is in accordance with law but in my view the said order is totally non-speaking and as such the impugned order is hereby set aside. The matter is remanded back to the Election Tribunal, Patiala to decide the election petition by passing a speaking order after considering the entire evidence on record in accordance with law, within a period of one month from the date of receipt of certified copy of this order. Parties are directed to appear before the Election Tribunal, Patiala on 9.8.2010. (RAKESH KUMAR JAIN) 30.07.2010 JUDGE Vivek