IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 3740 of 2009 Date of decision : November 26, 2009 Kathu Ram Appellant Versus Sukhdev Singh and others Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Mansur Ali, Advocate for the appellant Mr. T.P.S. Tung, Advocate for respondent No. 1 Mr. Navdeep Sukhna, AAG Punjab for respondents No. 27 and 28 NIRMALJIT KAUR, J. (ORAL) This order shall dispose of FAO Nos. 3740 and 3741 of 2009. The only dispute in the present appeal is whether the Election Tribunal, Dhuri held the recounting in the absence of the appellant. In view of the contradictory findings in the order of the Election Tribunal, Asstt. Advocate General Punjab vide order dated 20.11.2009 was directed to seek instructions and clarify as to whether the recounting was done in the presence of appellant or not. Today, Mr. Navdeep Sukhna, AAG Punjab on instructions from Presiding Officer – respondent No. 28 states that recounting was not done in the presence of appellant. Learned counsel for the respondent has vehemently opposed the stand of the Presiding Officer. However, without going into the merits of the same, learned counsel for the respondent has very fairly offered that he has no objection if the impugned order dated 30.6.2009 is quashed and recounting is done afresh in the presence of appellant and respondent No. 1. Learned counsel for the appellant, however, prays that recounting be done by a different Election Tribunal. Learned counsel for FAO No. 3740 of 2009 2 the respondent has no objection to the same. Since the service and presence of respondents may delay the entire recounting it was submitted by the learned counsel for respondent No. 1 that the presence of other respondents is not required as the dispute is now only between appellant and respondent No. 1. Learned counsel for the appellant, accordingly, accepts the submission made by learned counsel for the respondent and stated that he has no objection if their presence is dispensed with for the purpose of recounting. In view of the above statements made by learned counsel for the parties, order dated 30.6.2009 passed by the Election Tribunal, Dhuri is set aside and the matter is remanded to the Election Tribunal, Patiala to decide the same afresh only on the basis of recounting. The recounting shall now be done by the Election Tribunal, Patiala himself in the presence of appellant as well as respondent No. 1 in accordance with law except that the appellant and respondent No. 1 shall not object to the presence or otherwise of other respondents. However, official respondents i.e. respondents No. 27 and 28 will be duly present at the time of recounting which shall be done in accordance with law. The parties are directed to appear before the Presiding Officer, Election Tribunal, Patiala on 7.12.2009 at 10.00 a.m. on which date the Presiding Officer is free to recount on same date or fix another date for recounting. The entire record will now be transferred from Election Tribunal, Dhuri to Election Tribunal, Patiala. However, the present appeal shall be finally disposed off by the Presiding Officer, Election Tribunal within one month from 7.12.2009. Disposed off accordingly. (Nirmaljit Kaur) 26.11.2009 Judge reena