RAM CHAND GUPTA, J. - (1.) THE present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 10.9.2010 passed by respondent No. 1 and for staying the operation and implementation of impugned order dated 10.9.2010 during the pendency of the present revision petition.
(2.) I have heard learned counsel for the parties and have gone through the whole record including the impugned order passed by learned Election Tribunal, Dhuri. It has been contended by learned counsel for the petitioner that the petition has not been filed as per Section 76 of the Punjab State Election Commission Act, 1994 (hereafter referred to be 'the Act') as the same has not been filed by the candidate in person and that hence, the same is not maintainable. However, the learned Tribunal while passing the impugned order has illegally observed that petition is maintainable as counsel was authorised to file the election petition on behalf of respondent, as power of attorney has been executed in his favour by the candidate and vide the same, all the rights were given to him and hence, presenting of election petition by his counsel is valid. Hence, it is contended that the petition has not been properly filed and hence, the same is liable to be dismissed as per Section 80 of the Act and hence, the impugned order passed by learned Tribunal for recounting of votes cannot he sustained in the eyes of law.
(3.) IT has been contended by learned counsel for respondent No. 2 that the said point has to be decided at the time of final hearing of the petition. It is further contended that moreover, respondent- petitioner was present at the time of presenting of petition and that however, the Tribunal did not mark his presence. It is also contended that respondent-petitioner also got attested his affidavit on the date of filing of petition and hence, he was present in the office of Election Tribunal on that day.;