Liyakat vs Kanhiya Lal and Others

Vinod K. Sharma, J.—This revision petition has been filed against the order dated 7.8.2006 passed by the learned Additional Civil Judge (Senior Division), Ferozepur Jhirka exercising the powers as Election Tribunal to order recounting of votes.

The learned Election Tribunal on the basis of material placed on record came to the conclusion that a prima facie case is made out for recounting of votes so as to ascertain as to what number of votes polled and held to be valid. Learned Election Tribunal placed reliance on the judgment of this Court in Radha Kishan v. The Election Tribunal-Sub Judge, Hissar 1999(3) L.J.R. 427.

Learned counsel for the petitioner contends that the impugned order cannot be sustained as the avermetns made in the application seeking recount were ambiguous and vague especially when the assertions made in the application were denied by the petitioner herein and there was no occasion to order recounting of votes.

I have perused the application and find that specific averment making out a prima facie case for recount was made and mere denial by the petitioner to the specific averments could not be a ground to deny the recount when the Election Tribunal came to the conclusion that a prima facie case for recount was made out.

There is no illegality or impropriety in the order passed by the learned Election tribunal which may call for interference by this Court in exercise of revisional jurisdiction.