CWP-2816-2025 (O& 120 IN THE Sukhjit Kaur State of Punjab CORAM: HO HO Present:- Mr Mr SUDHIR SING Pet of Mandamus qua Municipal Jalandhar. 2. Lea notification date petitioner had c Halqa, Jalandha and 9 was not d representation d been adverted to 25 (O&M) THE HIGH COURT OF PUNJAB CHANDIGARH Date of versus unjab and others HON’BLE MR. JUSTICE SUDH HON’BLE MR. JUSTICE SUME Mr. Harpreet S. Rakhra, Advocate Mr. Gurpratap Singh, AAG Punjab ***** SINGH, J. (ORAL) Petition herein, inter alia, is for is mus seeking direction to the responde icipal Election held on 21.12.2024 fo Learned counsel for the petition on dated 09.12.2024 (Annexure P-1) i had contested the election for Coun landhar. He submits that counting of s not done properly, and for the same ation dated 21.12.2024 (Annexure P erted to till date. 1 of 3 JAB AND HARYANA AT ARH CWP-2816-2025 (O&M) ate of decision: February 03, 2025 ….Petitioner ….Respondents SUDHIR SINGH SUMEET GOEL ocate for petitioner. Punjab. issuance of a Writ in the nature pondents for recounting of the votes 024 for Ward No.77, North Halqa, etitioner submits that pursuant to 1) issued by respondent No.3, the r Councillor of Ward No.77, North g of votes of Booth Nos.1, 3, 5, 6, 8 e same, the petitioner has also made ure P-2), however, the same has not 3 M) 2025 ioner s ature votes , t to the orth , 6, 8 ade s not MAHAVIR SINGH 2025.02.05 15:04 I attest to the accuracy and authenticity of this order/ judgment CWP-2816-2025 (O&M) 2 of 3 3. On the other hand, on advance service of copy of petition, learned State counsel appears and opposes issuance of notice of motion. He submits that election to the post of Councillor of the concerned Ward has been over, and in case, the petitioner has any grievance qua the same, she may file an election petition in terms of Sections 74 and 76 of the Punjab State Election Commission Act, 1994 (for short ‘Act of 1994’) before the competent authority. 4. At this stage, learned counsel for the petitioner is amenable to the aforesaid, and seeks liberty to file election petition in terms of Sections 74 and 76 ibid. Section 74 of the Act of 1994 reads thus:- “74. No election shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.” Section 76 of the Act of 1994 reads thus:- “76. (1) An election petition may be presented on one or more of the grounds specified in sub-section (1) of section 89 to the Election Tribunal by any candidate to such election or by any elector within a period of forty-five days from the date of election of the returned candidate or if there are more than one returned candidates at the election and there are different dates of their election, then the later of these dates shall be taken into account for this purpose. (2) Every election petition shall be accompanied by as many copies thereof, as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signatures to be a true copy of the petition.” MAHAVIR SINGH 2025.02.05 15:04 I attest to the accuracy and authenticity of this order/ judgment CWP-2816-2025 (O&M) 3 of 3 5. In view of the above, this petition is disposed of with a liberty to the petitioner to present an election petition qua her grievance within a period of 45 days from today, before the competent authority. 6. Pending application(s), if any, shall also stand disposed of. (SUDHIR SINGH) JUDGE (SUMEET GOEL) JUDGE February 03, 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.02.05 15:04 I attest to the accuracy and authenticity of this order/ judgment