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03 July, 2009

HC summons complete records of lower courts

Times of India
3 July 2009
CHANDIGARH: The Punjab and Haryana High Court has summoned the complete records of lower courts, Panchkula, that had set aside the election of Ravinder Rawal for the post of MC president. High court has summoned the records after hearing the contentions and reply of VK Sood, who had challenged his election in lower court, Panchkula, following which it was held void.

In his reply, VK Sood on Thursday contended that the appeal filed by Rawal in high court is not maintainable because Section 275 of Haryana Municipal Act clearly states that award given by the election tribunal and district and sessions judge is final in case of any issue involving the election of office-bearers of municipal council (MC).

While arguing before the bench, Sood’s counsel Satya Pal Jain contended that to misled the court, the Panchkula deputy commissioner has concealed some instructions of Municipal Act while deposing before the courts on the issue.

Meanwhile, the DC, Panchkula, also moved an appeal on Thursday against the Panchkula district court orders whereby the election of Rawal was held void. In his petition, the DC pleaded before the HC that election of the MC president was set aside by the lower court merely on the apprehension of disclosure of identity of vote but there is no independent evidence to support breach of secrecy. ...