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Judgment
Ram Chand Gupta, J.—The present revision petition has been filed under Article 227 of the Constitution of India for setting aside impugned order dated 16.11.2010, Annexure P4, passed by Election Tribunal (ADC), Sri Muktsar Sahib whereby recounting of rejected votes has been ordered.
I have heard learned Counsel for the parties and have gone through the whole record including the impugned order passed by learned trial Court.
The only point argued in the present revision petition is that the impugned order has been passed without giving any reason and without giving any opportunity of hearing to the present Petitioner.
The impugned order dated 16.11.2010 passed by Election Tribunal (ADC), Sri Muktsar Sahib reads as under:
File put up before the court. Case called. Both the counsel are present. Order is passed that recounting of the rejected votes of the Petitioner and Respondent to be made. BD&PO and RO is directed to present the record. Petitioner will arrange the Movie Camera. The file to be put up before the court on 25.11.2010 for recounting.
A very perusal of the aforementioned order shows that the same is non-speaking. Hence, the same cannot be sustained in the eyes of law. The impugned order, Annexure P4 is, hereby, set aside.
Election Tribunal is directed to pass a speaking order on request of Respondent for recounting of rejected votes after giving opportunity of being heard to both the parties.
The present revision petition is disposed of accordingly.