Civil Rev No. 1334 of 2009 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev No. 1334 of 2009 Date : 1.7.2009 Kapil Kumar Petitioner vs Mr. Raj Kumar Respondent Present Mr. Vishal Sharma, Advocate Mr. RK Singla, Advocate M.M.S.BEDI,J. The validity of order dated 2.12.2008 (Annexure P-1) passed by the Presiding Officer, Election Tribunal-cum- Deputy Director , Urban Local Bodies, Ludhiana has been challenged on the ground that the petitioner has been deprived of an opportunity to cross-examine the witnesses Ramesh Kumar and Jit Kumar as the lawyer of the petitioner was not available on 2.12.2008. Respondent Raj Kumar along with his counsel is present in the court. He has submitted that he has got no objection in case one opportunity is granted to the petitioner to cross-examine Ramesh Kumar and Jit Kumar. I have heard learned counsel for the parties and also considered the statement of respondent Raj Kumar, who has fairly conceded that he will produce his witnesses,namely, Ramesh Kumar and Jit Kumar for cross-examination. In view of the above, it is deemed appropriate in the interest of justice to give one opportunity to the petitioner to cross-examine the Civil Rev No. 1334 of 2009 witnesses in the election petition filed by the respondent. Accordingly, the petition is allowed and the impugned order dated 2.12.2008n (Annexure P- 1) declining the request of the petitioner to cross-examine Ramesh Kumar and Jit Kumar is hereby set aside being illegal and improper order. It has been informed that the further proceedings before the Election Tribunal stands stayed by this court, as such no date is fixed before the Election Tribunal. The parties are directed to appear before the Election Tribunal on 27.7.2009 at 10 AM. On 27.7.2009, The Presiding Officer, Election Tribunal, Urban Local Bodies, Ludhiana will give a specific date to both the parties for cross-examination of Ramesh Kumar and Jit Kumar. It will be the responsibility of Raj Kumar respondent to produce the said witnesses. Besides this, it will be the sole responsibility of the petitioner to cross- examine the said two witnesses subject to payment of costs of Rs.5,000/- to respondent Raj Kumar. In case the petitioner does not cross-examine the above said witnesses on the date fixed by the tribunal or the petitioner does not pay the costs, this petition will be deemed to have been dismissed. July 1 ,2009 ( M.M.S.BEDI ) TSM JUDGE