IN TH 120 Balwinder Kaur Sub Divisional Tribunal Phagw CORAM: HON Present: Mr. for pe Mr. M Mr. A for re *** PARMOD GO 1. Present order dat Sub-Divi which ap Neelam R Tribunal by respo under:- “I an ha it i con Sin IN THE HIGH COURT OF PUNJA AT CHANDIGARH r Kaur Versus sional Magistrate Phagwara-cum-Elect Phagwara and Others : HON'BLE MR. JUSTICE PARMO Mr. N.P.S. Mann, Advocate for petitioner. Mr. Manmeet Singh Rana, Advocate Mr. Aaryan Kargwal, Advocate or respondent No.2. D GOYAL, J. (ORAL) sent revision petition has been preferr er dated 13.10.2025 (Annexure P-3) Divisional Magistrate-cum-Election ich application for recounting prefe elam Rani was allowed and recount bunal vide impugned order, after not respondent No.2-Neelam Kumari, “I have heard the learned counsels and have carefully examined the has found that the petitioner’s dem it is necessary that a fair re-count conducted in the above said case Singh, Principal of Govt. I.T.I. (B -1- UNJAB & HARYANA ARH CR-8126-2025 Date of decision:13.11.2025 ...Petitioner Election ...Respondents ARMOD GOYAL ocate and preferred by petitioner against the 3) passed by respondent No.1- lection Tribunal, Phagwara vide preferred by respondent No.2- ecounting was ordered. Learned er noting down the facts alleged had decided the matter as nsels for both the parties the facts on record and demand is justified. So, ounting of votes shall be case. Therefore, Vikram .I. (Boys), Phagwara, is SUNIL CHANDER 2025.11.17 18:33 I attest to the accuracy and integrity of this document CR-8126-2025 her of an of Tre the ma Ro 2. Learned been reco and order Learned judgment Sr. No. 1. 2. 3. 3. On the ot impugned responden by respon responden responden Kumar V and Sand PLJ 603 2025 hereby directed to constitute a tea of votes and get the votes recoun and submit the report within 15 d of this order. Regarding complian Treasury Officer Phagwara is dir the necessary records related to th manner. So the file shall be cons Room after compliance.” arned counsel for petitioner has argu n recorded by respondent No.1 regard order of recounting is fishing inquir arned counsel for petitioner has ma gments in support of his case:- Sr. No. Titl 1. V.S. Achuthanandan Vs. 753 2. Preet Mohinder Singh Vs RCR(Civil) 647 3. M.R. Gopalakrishnan Vs. and Ors., 1995 AIR SCW 15 the other hand, learned counsel for res pugned order where all the speci pondents making out a case for recoun respondent No.1 and it was only o pondent No.1 has ordered for recoun pondent No.2 has placed reliance upon mar Vs. Kuldeep Singh and Ors. Sandeep Vs. Election Tribunal, K J 603. -2- team for the recounting counted as per the rules 15 days after the receipt liance of this order, the s directed to provide all to this voting in a timely consigned to the Record argued that no satisfaction has regarding reasons for recounting inquiry which is not permissible. as made reference to following Title Vs. P.J. Francis, RCR(Civil) gh Vs. Kirpal Singh, 2001(2) n Vs. Thachady Prabhakaran W 156 for respondent has referred to the specific allegations made by recounting has been duly noticed only on the basis of those facts, recounting. Learned counsel for e upon judgments titled as Mohit Ors., SLP(C) No.18410 of 2005 nal, Karnal and Ors., 2007(2) SUNIL CHANDER 2025.11.17 18:33 I attest to the accuracy and integrity of this document CR-8126-2025 4. The princ ordered wish of p and rov However Court. R from the recountin and objec enquiry is 5. On readin is made o been noti not recor from tho had orde conduct election o with mal previous said resp sustained back to satisfactio principles passed by 2025 e principles of law regarding in wha are not disputed. Recounting can h of petitioner, who is seeking setting roving enquries are not allowed in wever, it does not mean that recountin urt. Recounting can be ordered by E m the facts stated in election petit ounting is made out, on the basis of objections to said effect were duly uiry is not to be made. reading of impugned order dated 13. made out that though all the allegation n noticed by respondent No.1, howev recorded its satisfaction that he acc m those allegations prima facie case ordered Principal Government I duct the recounting whereas it oug ction officer unless it is shown that mala fide intention or by successo vious election officer has been transfe d responsibility. Therefore, the im tained. Same is accordingly set aside k to Election Tribunal to pass fr isfaction as to whether any case for rec nciples laid down by Hon’ble Supr sed by learned Election Tribunal afte -3- in what cases recounting can be ng cannot be allowed merely as a setting aside of election. Fishing wed in the name of recounting. ounting cannot be ordered by the by Election Tribunal wherever petition prima facie case for sis of material facts duly pleaded e duly raised. Roving & fishing ed 13.10.2025 (Annexure P-3), it egations made by petitioner have however while concluding it has he accepts those allegations and case is made out. Secondly, it ent I.T.I. (boys) Phagwara to it ought to have been made by that election officer was acting ccessor of election officer if the transferred or not more handling he impugned order cannot be t aside. The matter is remanded ass fresh order after recording for recounting is made out as per Supreme Court. The order be al after hearing the parties within SUNIL CHANDER 2025.11.17 18:33 I attest to the accuracy and integrity of this document CR-8126-2025 one mont according 13.11.2025 Sunil Chander Whethe Whethe 2025 month from receipt of certified cop ordingly allowed in above terms. hether speaking/reasoned : hether reportable : -4- ed copy of this order. Petition is (PARMOD GOYAL) JUDGE Yes/No Yes/No SUNIL CHANDER 2025.11.17 18:33 I attest to the accuracy and integrity of this document