Law:

Section:

Punjab Local Governments (Conduct of Elections) Rules, 2013--- ----Rr. 64, 62, 58 & 68---Punjab Local Government Act (XVIII of 2013) Ss.42, 41. 46 & 47--- Election petition--- Election Tribunal, procedure and jurisdiction of---Grounds for declaring election of returned candidate void---Recount of votes---Scope---Appellant impugned order of Election Tribunal whereby recount of votes was ordered and respondent was subsequently declared as the returned candidate, in place of appellant---Contention of appellant, inter alia, was that impugned order was ultra vires the powers of the Election Tribunal and proceedings for recount suffered from material irregularities---Validity---Perusal of the election petition of the respondent in light of R.64 of the Punjab Local Governments (Conduct of Elections) Rules, 2013, made it clear that relief claimed by respondent was diametrically opposed to one which could be granted by the Election Tribunal by way of declaration, which aspect was not dilated upon in the impugned order---Only ground which weighed in the impugned order was that the difference of votes of the two candidates was small and on said ground it was stated that recording of petitioner's evidence would be exercise in futility, which was insufficient ground in arriving at a conclusion that recount should be ordered---Impugned order, therefore, lacked in material particulars and did not take into account special procedures and essential pre-conditions before a recount of votes could be ordered---High Court observed that per S.42 of the Punjab Local Government Act, 2013, election of a returned candidate could not be declared void on flimsy grounds and care should be taken in holding by the Election Tribunal that corrupt or illegal practice was committed by the returned candidate---Recount must be permitted by Election Tribunal within the well settled parameters of exercising jurisdiction in such regard and in the present case, order for recount had been passed without regard to the essential pre-conditions---High Court further observed that the impugned order was clearly ultra vires the powers of the Election Tribunal and was set aside---Appeal was allowed,…