GOVIND SINGH Vs. HARCHAND KAUR

JUDGEMENT

(1.) This appeal has been preferred under Section 116A of the Representation of People Act, 1951 (hereafter referred to as the Act of 1951) assailing the Judgment and Order of the High Court of Punjab and Haryana dated April 28, 2006 delivered in Election petition No. 22/2002 as a consequence of which the election of the appellant, Govind Singh as MLA to the Punjab Legislative Assembly held on February 13, 2002 from the reserved 82-Sherpur (S.C.) Assembly Constituency was declared void and hence was set aside awarding a cost of Rs. 50,000/- to the respondent Smt. Harchand Kaur.

(2.) The election of the appellant was challenged by the respondent- Smt. Harchand Kaur who is the defeated candidate and although she had secured third position in the polling, she challenged the election of the appellant alleging corrupt practice against him within the meaning of Section 123(1)(A) of the Act of 1951.

(3.) The essential details of the Election petition which formed the basis of challenge to the election of the appellant, disclose that on June 26, 2001 the Governor of Punjab issued a notification under Section 15 of the Representation of People Act, 1951 calling for election of MLAs from all constituencies in Punjab to constitute the Punjab Legislative Assembly. The appellant-Govind Singh, at the relevant time was functioning as a Minister of Social Security, Women and Child Development and the party in power to which the appellant belonged was Shiromani Akali Dal (Badal). However, the appellant admittedly resigned on January 12, 2002 from the primary membership of Akali Dal as he was denied party ticket to contest the election from the said Assembly Constituency. The Election Commission published the election schedule which stated that the last date for filing nomination would be January 23, 2002 and the date for scrutiny of nominations was fixed for 24.01.2002. The schedule further indicated that the last date for withdrawal of candidature would be January 28, 2002 after which the poll was to be held on February 13, 2002 and finally the counting of votes on February 24, 2002.