Civil Revision No.3059 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.3059 of 2011(O&M) Date of Decision: May 9, 2011 Buta Singh and another .....Petitioners v. Gulzar Singh and others .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Parvez Chugh, Advocate for the petitioners. ..... RAM CHAND GUPTA, J.(Oral) C.M.No.12165-CII of 2011 Application is allowed subject to all just exceptions. Civil Revision No.3059 of 2011 The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 21.3.2011, Annexure P4, passed by learned Additional Deputy Commissioner, exercising the powers of Election Tribunal, under the Punjab State Election Commission Act, 1994, and to direct the Election Tribunal to summon the original election record of Gram Panchayat of Village Khunder Gatti, i.e., nomination papers for the post of Panches. I have heard learned counsel for the petitioners and have gone through the whole record carefully including the impugned order passed by learned Election Tribunal. Facts relevant for the decision of present revision petition are that petitioners are registered voters of Village Khunder Gatti and election was to be held for two Panches of the Gram Panchayat, i.e., one female Panch and one male Panch and the case was fixed for filing of nomination papers on 11.8.2009 and scrutiny was to be made on 12.8.2009. Petitioners filed nomination papers alongwith all the relevant documents and submitted Civil Revision No.3059 of 2011(O&M) -2- the same to the Returning Officer, i.e., respondent no.3. However, nomination papers filed by present petitioners were allegedly changed by Returning Officer in connivance with respondents no.1 and 2 and by relying upon some other fabricated nomination forms, nomination papers of both the petitioners were rejected. Hence, petitioners filed a petition before Additional Deputy Commissioner exercising the powers of Election Tribunal under Punjab State Election Commission Act, 1994, which was contested by respondents. Issues were framed. Evidence of petitioners was ordered to be closed. Case was fixed for evidence of respondents and, however, when respondent no.3- Returning Officer was being cross- examined on behalf of petitioners, copy of a document, i.e., Form 4, Ex.P1, was sought to be proved from this witness and, however, the witness replied that without seeing the original record, he could not say that Form 4 attached with the plaint was filled by the petitioners or not. He also deposed that original record was with the Observer Shri Ashok Singla, IAS. Hence, his cross-examination was deferred. Thereafter, petitioners made a request to the Tribunal by filing an application to summon the record Clerk from the office of the said Election Observer. However, the application of the petitioners was dismissed by learned Election Tribunal without assigning any reason, vide impugned order. Perusal of the impugned order shows that no reason whatsoever, has been given by Election Tribunal, while dismissing the application filed by petitioners, vide which they made a request to summon the record Clerk from the office of Observer, Shri Ashok Singla, IAS, alongwith nomination record of Gram Panchayat of village Khunder Gatti, Tehsil and District Ferozepur. It has been contended by learned counsel for the petitioners that earlier petitioners tried to summon the said record, which is essential for the decision of election petition in their evidence and, however, the same was not allowed to be summoned. It is further contended that when petitioners tried to get the documents proved from respondent no.3 in his cross- examination, he took the plea that without seeing the original documents, he could not say as to whether those were same documents, which were filed by the petitioners and he had also stated that the record is with Observer Shri Ashok Singla, IAS, and hence, it is contended that without assigning Civil Revision No.3059 of 2011(O&M) -3- any reason their request has been declined by learned Tribunal vide impugned order. There is force in the argument of learned counsel for the petitioners. Learned Tribunal should have allowed application of petitioners to summon the record Clerk of the office of Observer, Shri Ashok Singla, IAS, alongwith nomination record of Gram Panchayat, which is necessary for proper cross-examination of RW3. Hence, the present revision petition is accepted. Impugned order is set aside. Learned Tribunal is directed to summon record Clerk from the office of Observer, Shri Ashok Singla, IAS, alongwith nomination record of Gram Panchayat of Village Khunder Gatti, Tehsil and District Ferozepur. 9.5.2011 (Ram Chand Gupta) meenu Judge