VINOD K.SHARMA,J - (1.) THIS revision petition under Article 227 of the Constitution of India has been moved for quashing of order dated 8.5.2007 passed by respondent No. 3 with a consequential orders.
(2.) THE facts leading to the filing of the present revision are that Election to the Municipal Council, Mohali was held on 30.7.2006 under the superintendence and control of the Punjab State Election Commission. The petitioner and respondent No. 4 contested the election from Ward No. 15. The petitioner was declared elected as the Municipal Councilor, Municipal Council, Mohali and is continuing as such. Respondent No. 4 was defeated by a margin of 52 votes in the said election. He filed an election petition on 29.8.2006 under Section 76 of the Punjab State Election Commission Act, 1994 against the election of the petitioner on vague grounds without giving any material particulars. The written statement to the said election petition was filed by the petitioner on 19.12.2006 and the rejoinder was also filed to the written statement was also filed on 23.1.2007. The election petition was taken up on different dates and the orders passed by the Election Tribunal read as under :- "File produced. Case called for. Counsel for the parties came present. The presiding officer has gone to attend the meeting in connection with Govt. works so case is fixed for 20/02/2007 for proper orders. Sd/- Reader 06/02/2007 File produced. Case called for. Record not produced so the record be summoned from the lower court for 06/03/2007. Sd/- TEJVIR SINGH DC SAS NAGAR 20/02/2007 File produced. Case called for. Counsel for the parties came present. Two days time given to the counsel for the petitioner to inform the court what type of election record is required. File be put up for 07/03/2006. Sd/- TEJVIR SINGH DC SAS NAGAR 20/02/2007 File produced. Case called for. Counsel for the parties came present. Presiding officer being busy in meeting for Govt. works. File be put up for proper orders on 17/04/2007. Sd/- READER 28/3/2007 File has been called. Counsel for the petitioner came present. Concerned record along with election petition has not received. Sh. Pardeep Bains Tehsildar-cum-returning officer, SAS Nagar and Sh. Dalip Election Tehsildar, SAS Nagar are bound down to produce complete record in respect of elections of Ward No. 15 held on 30/07/2006. The aforesaid record be produced in my court on 24/04/2007 at 2.00 p.m. by the aforesaid officers. In this regard information be also sent to Treasury Officer, Kharar. File be put up on 24/04/2007. Sd/- DEPUTY COMMISSIONER-CUM-ELECTION TRIBUNAL DC SAS NAGAR" It is the case of the petitioner that on 17.4.2007 counsel for the petitioner Sh. Mohan Lal Setia was not present due to heart surgery and on said date an application was moved by the counsel for respondent No. 4 for summoning the election record of Ward No. 15. However, the copy of the said order was not supplied to the petitioner. On 1 8.4.2007 a news report appeared in the various newspapers stating therein that the Election Tribunal-cum- Deputy Commissioner has ordered the recounting of votes and the said recounting took place on 24.4.2007. The petitioner filed a writ petition No. 5874 of 2007 and on 23.4.2007, this Court passed the following order :- "Notice of motion for April 26, 2007, accepted by Mr. Vivek Sood, Advocate, on behalf of respondent No. 4. Copy of order dated April 17, 2007 whereunder recount has been ordered for tomorrow, has been delivered to the learned counsel for the petitioner today in court. In the meanwhile proceedings for recount which are scheduled for April 24, 2007 at 2.00 PM shall continue but shall be subject to any order passed in this petition. However, in the event of recount going against the petitioner, no further order shall be passed by the Election Tribunal, as a result of said recount. Copy of this order be given dasti under the signatures of Special Secretary of this Branch."
(3.) IT was during the pendency of the writ petition that copy of the order dated 17.4.2007 was supplied wherein it was found that only record has been summoned with respect to election of Ward No. 15. The writ petition filed by the petitioner was disposed of on 24.4.207 by passing the following orders :- "This case came up yesterday. A copy of order dated April 17, 2007 was delivered by the learned counsel for respondent No. 4 to the learned counsel for the petitioner. Today, the learned counsel for the petitioner has argued that after reading the order dated April 17, 2007. It has been discovered that as a matter of fact no recount was ordered. The confusion resulted on account of the fact that no one bothered to read the order, which was in illegible Punjabi. Therefore, the counsel for the petitioner alleges that the recount has now been ordered on the basis of the order that was passed by this Bench yesterday. Learned counsel submits that the relief he had sought was on the basis of press reports (Annexures P-7 and P-8). Be that as it may, since no recount has been ordered, the petitioner wishes to withdraw this petition. This prayer is allowed. The petition is dismissed as withdrawn with liberty to file a fresh petition at a later stage on the same or fresh cause of action. Copy of this Order be given dasti under the signatures of the Special Secretary of this Bench." ;