R.P. Nagrath, J. - (1.) AT the oral request of learned counsel for the petitioner, service of respondents No. 3 and 4 is dispensed with as they are the proforma respondents. The Deputy Commissioner -cum -Election Tribunal, Tarn Taran, on a petition Annexure P -2 filed by respondent No. 2 -Hari Singh for setting aside the election results dated 3.7.2013 of the petitioner as Sarpanch of the village passed an order for recounting of votes. Vide impugned order dated 20.5.2014 (Annexure P -7), the Election Tribunal has constituted a committee comprising of three persons and ordered recounting of votes by calling for the records.
(2.) I have heard learned counsel for the parties and I am of the view that the impugned order cannot be sustained inasmuch as the reasons for constituting the committee for re -counting have not been given in the impugned order. Learned counsel for the parties do submit that evidence was led by both the parties in support of their respective cases but I find that there is no discussion of any material for coming to the conclusion that recounting was necessary. The matter with regard to recounting of votes is a serious issue for which opinion has to be expressed by the Election Tribunal for reaching the conclusion that recounting is essential. The recounting has not been done as the operation of impugned order was stayed by this Court on 3.6.2014 while issuing notice of motion.
(3.) LEARNED counsel for the petitioner relies upon Udey Chand v. Sural Singh and another, : 2009 (10) S.C.C. 170. Hon'ble Supreme Court held as under: - "9. Before adverting to the merits of the issue raised by the parties with reference to the statutory provisions, it would be appropriate to bear in mind the salutary principle laid down in the election law that since an order for inspection and re -count of the ballot papers affects the secrecy of ballot, such an order cannot be made as a matter of course. Undoubtedly, in the entire election process, the secrecy of ballot is sacrosanct and inviolable except where strong prima facie circumstances to suspect the purity, propriety and legality in the counting are made out. The importance of maintenance of secrecy of ballot papers and the circumstances under which that secrecy can be breached, has been considered by this Court in several cases. It would be trite to state that before an Election Tribunal can permit scrutiny of ballot papers and order re -count, two basic requirements viz. (i) the election petition seeking re -count of the ballot papers must contain an adequate statement of all the material facts on which the allegations of irregularity or illegality in counting are founded, and (ii) on the basis of evidence adduced in support of the allegations, the Tribunal must be prima facie satisfied that in order to decide the dispute and to do complete and effectual justice between the parties, making of such an order is imperatively necessary, are satisfied.";