347 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 01.12.2025 RANJIT SINGH ....Petitioner Versus ELECTION TRIBUNAL-CUM-SUB DIVISIONAL MAGISTRATE, MALOUT AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. K.B.S. Mann, Advocate for the appellant.

Mr. Rohit Bansal, Sr. DAG, Punjab for respondent No.1.

Mr. Rajinder Singh Bhatta, Advocate for respondent No.2.

Mr. Amit Jain, Sr. Advocate with Mr. Varun Parkash, Advocate for respondent No.3.

PANKAJ JAIN, J. (ORAL)

CM No.24105-CII of 2025 Instant application has been filed under Section 151 CPC for placing on record affidavit of Sh. Jaspal Singh Brar, PCS, Sub Divisional Magistrate Gidderbaha, District Sri Muktsar Sahib.

For the reasons recorded in the application, the same is allowed.

Affidavit of respondent No.3 is taken on record.

FAO-5753-2025 (O&M)

On 26^th of September, 2025 following order was passed :

“The present appeal has been preferred alleging that the recounting has been ordered yesterday without even providing the copy thereof. The recounting is in process. It has been alleged that copy of the order has not been supplied despite having been applied for vide Annexure A-10.

Notice of motion.

Mr. Maninder Singh, Addl. A.G., Punjab appears and accepts notice on behalf of respondent No.1-State. He admits the factum of recounting being in process, however, is not able to show the order passed by the Tribunal. He prays for time to produce the same even though State was informed of the matter at 01.00 PM and the present matter has been taken now at 02.00 PM.

Adjourned to 03.11.2025.

Till further orders the Presiding Officer, Election Tribunal, Malout, District Sri Muktsar Sahib is directed to stop the recounting forthwith.

Copy of the order be conveyed to the Presiding Officer, Election Tribunal, Malout, District Sri Muktsar Sahib through Mr.

Maninder Singh, Addl. A.G., Punjab.

Copy of the order be handed over to the counsel for the parties under the signatures of the Court Secretary.”

2. Affidavit of Jaspal Singh Brar, PCS, Sub Divisional Magistrate, Gidderbaha District Sri Muktsar Sahib, dated 29.11.2025 has been filed.

3. The presiding officer has tried to take refuge under the orders passed by the Revisional Court, to contend that the precise argument qua non-framing of issues was raised before the Revisional Court but the same did not find favour with the Court and thus, no fault can be found with the orders passed by him.

4. Counsel representing private respondent has also relied upon the same order. He has gone a step further to contend that the proper course available with the appellant was to approach the Supreme Court by impugning the orders. He contends that despite having been granted opportunities to the appellant, he failed to lead any evidence and thus no fault can be found with the orders passed by the Tribunal. He further submits that no application was moved by the appellant before the Tribunal for framing of issues and that false allegations have been levelled against the respondents that they were hobnobbing with the politicians.

5. I have heard counsel for the parties and have carefully gone through records of the case.

6. Section 15 of the Punjab Panchayati Raj Act, 1994 provides for an election to constitute Gram Panchayat. Section 210 of the 1994 Act provides that the State Election Commission shall conduct the Panchayat elections. Punjab Government exercising power under the Punjab Panchayati Raj Act framed and notified the Punjab Panchayat Election Rules, 1994. Rule 50 provides for election petition to be filed under Section 76 of the Punjab State Election Commission Act, 1994. Section 78 of Election Commission Act, 1994 deals with contents of petition. Section 80 deals with trial of election petitions. Sections 76, 78, 80 and 81 read as under:

“76. Presentation of petition.— (I) 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