LAWS(SC)-2000-9-86

RAVINDER SINGH Vs. JANMEJA SINGH

Decided On September 19, 2000
RAVINDER SINGH Appellant
V/S
JANMEJA SINGH Respondents

JUDGEMENT

(1.) This appeal is directed against an order of the High Court of Punjab and Haryana dated 3-6-1999, dismissing an election petition filed by the appellant at the threshold on sustaining preliminary objection.

(2.) The appellant, who was a candidate set up by the Congress Party was defeated by respondent No. 1, the returned candidate, who had been set up by the Akali Dal (Badal group). The elections to constituency No. 96, Ferozepur Cantt. of Punjab Legislative Assembly were held in 1997. The polling took place on 7-2-1997 and after counting of votes on 9-2-1997, respondent No. 1 was declared elected. In view of the limited nature of controversy involved in this appeal, we are relieved of the necessity of giving break-up of votes or mention about candidates, who had also contested the election.

(3.) The appellant filed an election petition seeking to declare the election of returned candidate void on various grounds and for a further declaration that the appellant be declared duly elected as Member of the Legislative Assembly after setting aside election of the returned candidate. In the election petition, two main corrupt practices were alleged to have been committed by the returned candidate - one falling under Section 123 (1)(A)(b) of the Representation of the People Act, 1951 (hereinafter referred to as the Act) and the other falling under Section 123 (4) of the Act. The material facts and particulars concerning allegations of corrupt practice insofar as corrupt practice under Section 123(1) is concerned, are contained from paragraphs 28 to 39 of the election petition, while material facts and particulars concerning commission of corrupt practice falling under Section 123 (4) of the Act are contained in paragraphs 12 to 27 of the election petition.