JUDGMENT :

Amarinder Singh Grewal, J.

1. The present petition has been filed by the petitioner under Article 227 of the Constitution of India for setting aside the election petition (Annexure P-2) dated nil filed by respondent No.1 being not maintainable, as has been filed in contravention to provisions of Section 80 of the Punjab State Election Commission Act, 1994 (hereinafter referred to as the Election Act, 1994) and Rule 53 of the Punjab Panchayat Election Rules, 1994 (hereinafter referred to as the Election Rules, 1994) which mandate that the Election Tribunal shall dismiss the election petition, which does not comply with provisions of Sections 76 & 77 of the Election Act, 1994 and Rule 50 of the Election Rules, 1994 as well as setting aside of the order dated 18.08.2025 (Annexure P-1) passed by the learned Election Tribunal.

FACTS

2. Succinctly, the facts are that election for the post of Sarpanch of Village Bhokhra, District Bathinda was held on 15.10.2024 and the same was contested by six candidates, who, out of total valid polled votes of 2440, got votes as mentioned against their names:-

3. Being unsuccessful from one vote, respondent No.1-Parminder Kaur filed election petition before respondent No.2-Tribunal on 11.11.2024, which was registered on 02.12.2024 vide case No.26/EP. Notices of the said election petition were issued on respondents therein and the contesting parties filed their respective replies. Based on pleadings, following issues were framed by respondent No.2-Tribunal:-

'1. Whether the respondent No.1-Sukhpreet Kaur has been wrongly elected as Sarpanch? OP

2. Whether there has been tampering in the counting or not? OP

3. If both the above issues are in favour of the petitioner, then whether a recounting should be conducted?

4. That the petition is not maintainable in the present form? OR-1

5. That the necessary parties were not impleaded in the petition? OR-1

6. That the election petition has been filed beyond limitation? OR-1

4. Vide impugned order dated 18.08.2025, the respondent No.2-Tribunal while observing that issue No.1 cannot be decided at this stage unless the votes are re-counted as per issues No.2 & 3 and thus, it kept pending issue No.1 for the time being and concluded that there are substantial deficiencies in counting and ordered for recounting of votes at 10:00 AM on 10.09.2025. Against this order dated 18.08.2025, the successful candidate namely Ms. Sukhpreet Kaur, whose election as Sarpanch has been challenged in the election petition, is the petitioner before this Court.

CONTENTIONS

5. Mr. Baltej Singh Sidhu, Senior Advocate assisted by Mr. Gurmeet Singh Budhiraja, Ms. Reema and Mr. Chandan Singh, Advocates challenged the impugned order dated 18.08.2025 ordering recounting of votes on the following grounds:-

'(i). Firstly, the election petition has not been presented by the respondent No.1/election petitioner herself before the Election Tribunal as mandated by Section 76 of the Election Act, 1994 and thus, liable to be dismissed under Section 80 of the Election Act, 1994 and Rule 53 of the Election Rules, 1994. In support, reliance is placed upon the judgment passed by the Hon'ble Supreme Court in G.V Sreerama Reddy and another Vs. Returning Officer and others (2009) 8 SCC 736 and the judgment passed by a Coordinate Bench of this Court in C.R. No.7310 of 2023 titled as Gurmail Kaur Vs. Presiding Officer, Election Tribunal-cum-Sub Divisional Magistrate, Sunam and others decided on 20.03.2015.

(ii) Secondly, all six candidates, who contested the election in question, were not impleaded as parties in election petition except the petitioner herein, which is violative of Section 77 of the Act, 1994 and thus, the election petition is liabl