Kapil Kumar vs Mr. Raj Kumar on 1 July, 2009

Civil Rev No. 1334 of 2009


      IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH


                                              Civil Rev No. 1334 of 2009
                                               Date : 1.7.2009


Kapil Kumar
                                                          Petitioner
                         vs
Mr. Raj Kumar
                                                          Respondent


Present       Mr. Vishal Sharma, Advocate
              Mr. RK Singla, Advocate


M.M.S.BEDI,J.

The validity of order dated 2.12.2008 (Annexure P-1) passed

by the Presiding Officer, Election Tribunal-cum- Deputy Director , Urban

Local Bodies, Ludhiana has been challenged on the ground that the

petitioner has been deprived of an opportunity to cross-examine the

witnesses Ramesh Kumar and Jit Kumar as the lawyer of the petitioner

was not available on 2.12.2008.

Respondent Raj Kumar along with his counsel is present in the

court. He has submitted that he has got no objection in case one

opportunity is granted to the petitioner to cross-examine Ramesh Kumar

and Jit Kumar.

I have heard learned counsel for the parties and also

considered the statement of respondent Raj Kumar, who has fairly

conceded that he will produce his witnesses,namely, Ramesh Kumar and

Jit Kumar for cross-examination.

In view of the above, it is deemed appropriate in the interest of

justice to give one opportunity to the petitioner to cross-examine the
Civil Rev No. 1334 of 2009

witnesses in the election petition filed by the respondent. Accordingly, the

petition is allowed and the impugned order dated 2.12.2008n (Annexure P-

1) declining the request of the petitioner to cross-examine Ramesh Kumar

and Jit Kumar is hereby set aside being illegal and improper order. It has

been informed that the further proceedings before the Election Tribunal

stands stayed by this court, as such no date is fixed before the Election

Tribunal. The parties are directed to appear before the Election Tribunal

on 27.7.2009 at 10 AM. On 27.7.2009, The Presiding Officer, Election

Tribunal, Urban Local Bodies, Ludhiana will give a specific date to both the

parties for cross-examination of Ramesh Kumar and Jit Kumar. It will be

the responsibility of Raj Kumar respondent to produce the said witnesses.

Besides this, it will be the sole responsibility of the petitioner to cross-

examine the said two witnesses subject to payment of costs of Rs.5,000/-

to respondent Raj Kumar. In case the petitioner does not cross-examine

the above said witnesses on the date fixed by the tribunal or the petitioner

does not pay the costs, this petition will be deemed to have been

dismissed.

July 1   ,2009                                   ( M.M.S.BEDI )
TSM                                                    JUDGE