Punjab-Haryana High Court
Sonia vs Mohini And Ors on 9 August, 2024
Author: Vikas Suri
Bench: Vikas Suri
Neutral Citation No:=2024:PHHC:103256
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
114 CR-3555-2023 (O&M)
Date of decision: 09.08.2024
Sonia
...Petitioner
Versus
Mohini and others
...Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS SURI
Present: Dr. Rishi Pal Singh, Advocate for the petitioner.
Mr. Vikram Singh, Advocate for respondent No.1.
Mr. Rajbir Singh, DAG, Haryana
for respondent No.6.
*****
VIKAS SURI, J.(Oral)
1. This revision petition has been filed under Article 227 of the
Constitution of India with a prayer for setting aside order dated
22.12.2022 (Annexure P-1) passed by learned Civil Judge (Junior
Division), Assandh, District Karnal, whereby application for recounting
of votes from EVM has been declined; and with a further prayer that the
application for recounting of votes be decided afresh by passing a
speaking order and the proceedings before the Election Tribunal be
completed within six months.
2. Notice of motion in the instant revision petition was issued
vide order dated 07.08.2023 and the respondents stand served. Mr.
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Naresh Kumar, Advocate for Mr. Bhupender Singh, Advocate, has
entered appearance on behalf of respondent Nos.8 to 10 and has filed his
respective power of attorneys in the Court, which are taken on record.
Respondent No.6 has filed its reply by way of affidavit dated
30.01.2024.
3. After arguing for some time, learned counsel for the
petitioner, inter alia, submits that the election petition was instituted in
November, 2022 and the parties stand served. The proceedings before
the Election Tribunal are still pending as such.
4. Learned counsel for the petitioner states that he does not
press the present petition against the impugned order and the petitioner
would be satisfied at this stage, in case a direction is issued to the
Tribunal to decide the election petition within a time bound manner.
5. Learned counsel appearing for the respondents do not
seriously oppose the limited prayer noticed above.
6. Learned counsel for the petitioner has referred to the
judgments of the Coordinate Benches of this Court in the case of Saroj
Rani vs. Election Tribunal and others, bearing CR No.3427 of 2015,
decided on 28.05.2015; Sakunat vs. Kherunisha and others, bearing CR
No.7414 of 2018, decided on 31.10.2015 and Bhagwan Dass vs.
Election Tribunal-cum-Civil Judge Senior Division, Panipat and
others, bearing CR No.964 of 2023, decided on 10.03.2023 wherein in
somewhat similar circumstances, directions have been issued to the
Election Tribunal to decide the election petition in a time bound manner.
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7. I have heard learned counsel for the parties and perused the
record with their able assistance.
8. In view of the above, without observing anything on the
merits of the case, the present petition is disposed of with a direction to
learned Election Tribunal to make all endeavour to conclude the trial
expeditiously, preferably within a period of six months from the next
date fixed before it and dispose of the election petition, in accordance
with law.
9. Revision petition stands disposed of in the aforesaid terms.
10. Pending applications, if any, also stand disposed of.
(VIKAS SURI)
August 09, 2024 JUDGE
sumit.k
Whether speaking/reasoned : Yes / No
Whether Reportable : Yes / No
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