C.R. 2525 of 2011 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 2525 of 2011 Date of Decision: April 21, 2011 Gurnam Singh …..Petitioner Vs. Deputy Commissioner-cum-Presiding Officer and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.S.K. Arora, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) An application filed by the petitioner (winning candidate) to produce Iqbal Singh and Jeevandeep Singh as witnesses for proper decision of the election petition filed by Mithu Singh- respondent No.2, stands dismissed vide impugned order dated February 24, 2011. A perusal of the election petition filed by Mithu Singh- respondent No.2 before the Election Tribunal, Muktsar, indicates that the election of petitioner as Panch has been challenged by Mithu Singh- C.R. 2525 of 2011 [2] respondent No.2, inter-alia on the ground that Iqbal Singh and Jeevandeep Singh, Returning Officers had colluded with the petitioner and favoured the petitioner. It has been alleged by respondent No.2 in his election petition that he had obtained more votes than the petitioner but the said two persons Iqbal Singh and Jeevendeep Singh had wrongly counted the votes in connivance with Jagjit Singh who is also elected Panch. The said two persons have been impleaded as respondent No.2 and 3 before the Election Tribunal by respondent No.2- Mithu Singh. Copy of the order passed by the Presiding Officer of the Election Tribunal indicates that the learned Presiding Officer has observed that the application seems to have been filed to prolong the case, therefore, no action can be taken on the application. It is not made out from the order that the application has been rejected by giving some specific reasons but adjudication of the application seems to have been avoided observing that the application deserves not to be considered. The impugned order in vernacular reads as “Is laye is darkhast te koi karvai nahi kiti ja sakdi kyu ke darkhast case nu lamkaun de khatir diti japdi hai”. I have considered the nature of the allegations in the petition and find that two persons who have been sought to be produced as witnesses are also impleaded as party in the election petition. Examination of the said persons seems to be relevant for the just decision of the election petition. The said two aspects i.e. the two persons sought to be examined by the petitioner are impleaded as parties in the election petition and that there are specific allegations of favouritism made against them, seem to have C.R. 2525 of 2011 [3] been not taken into consideration by the learned Presiding Officer of the Election Tribunal. Since no speaking order has been passed for declining to examine Iqbal Singh and Jeevandeep Singh while passing the order dated February 24, 2011, this petition is disposed of with a request to the Presiding Officer to take into consideration all the facts and circumstances of this case and pass a speaking order giving reasons for dismissing or allowing the application taking into consideration all the other attending circumstances. Copy of the order given dasti on payment of usual charges. April 21, 2011 (M.M.S.BEDI) sanjay JUDGE