TEK CHAND Vs. DILE RAM

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 24-3-2000 passed by the High Court of Himachal Pradesh in Election Petition No. 2/98 (2000 (2) Sim LC 125), setting aside the election of the appellant from 61-Nachan (S.C.) Assembly Constituency and declaring it void, this appeal has been filed by the appellant under Section 116-A of the Representation of the People Act, 1951 (for short 'the RPA'), calling in question the correctness and validity of the said judgment and order of the High Court.

(2.) THE material and relevant facts, to the extent they are considered necessary for the disposal of this appeal, are set out as under. THE respondent Dile Ram filed the election petition challenging the election of the appellant from 61-Nachan (S.C.) Assembly Constituency in Himachal Pradesh, pleading that the nomination papers were filed by the appellant, the respondent and others. He was set up as a candidate by the Bhartiya Janta Party (BJP) and the appellant was a candidate sponsored by the Indian National Congress (INC). After the scrutiny and withdrawal of nomination papers, five candidates remained in the field. THE polling took place on 28-2-1998. THE appellant was declared elected by the Returning Officer on 2-3-1998 after the counting of votes. THE votes secured by the five candidates are as given below :- <FRM>JUDGEMENT_114_JT2_2001Html1.htm</FRM>

(3.) THE appellant denied that nomination paper of Nikka Ram was wrongly and improperly accepted by the Returning Officer. It was also denied that acceptance of his nomination paper had materially affected the result of election insofar as it concerned the appellant. According to him it was wrong to say that a mere margin of votes would determine or would be relevant to determine that result of election has been materially affected. He also pleaded that he was not a member or active worker of BJP or RSS and he did not campaign in the election for votes as belonging to BJP.