' ABDUL SHAKURUL SALAM, J.--Instead of dealing with the miscellaneous application both the learned counsel stated that the main petition may as well be disposed of.
2. Relevant facts for the disposal of this petition are that after counting of the votes by the Returning Officer the petitioner was declared elected having got 44 votes and next to him respondent No,3 secured 43 votes. The latter filed an election petition before the Election Tribunal.
The Election Tribunal has asked the Returning Officer/ Assistant Commissioner to recount the votes and send his report to it. This was vide order dated 24-10-1983. This has been challenged by the petitioner.
2. The learned counsel for the petitioner contends that the learned Election Tribunal had no right to ask for the recounting from the Returning Officer/Assistant Commissioner nor could the latter file any report. Whatever had to be done on the election petition was to be done by the Election Tribunal itself.
3. The learned counsel for contesting respondent No,3 has submitted that the learned Election Tribunal has only asked for a report and whatever pleas the petitioner may have in relation to the process and disposal of the election petition, he can raise those before the learned Election Tribunal.
4. After hearing the learned counsel for the parties, it appears to be quite obvious that whatever pleas the petitioner has in regard to the processing and disposal of the election petition by the Election Tribunal, the petitioner will be entitled to take before him under the law. Therefore, there is no justification to declare the order of the learned Election Tribunal dated 24-10-1983 to be without lawful authority. Whatever the petitioner has to say he may say so before the Election A Tribunal and take all pleas including the direction for recounting or submission of the report or any other available under the law. The learned Election Tribunal will obviously take those into account and proceed with the election petition in accordance with law and dispose of the same accordingly.
This petition is thus disposed of. The parties shall bear their own costs.