CHARAN DASS Vs. SURINDER KUMAR

JUDGEMENT

(1.) This appeal is directed by the appellant, Charan Dass challenging the correctness of the judgment and order made by the Punjab and Haryana High court in Election Petition No. 5 of 1991. The appellant contested his election as a candidate from Kaithal Assembly Constituency Seat No. 25 on behalf of Haryana Vikas Party. He was opposed by the first respondent, who contested the election as a candidate of the Indian National Congress-1. While appellant polled 16.735 votes, the respondent got 17,190 votes. The appellant lost his election by a margin of 437 votes.

(2.) Thereafter, the appellant filed the Election Petition under S. 80. 80-A and 100 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act') praying that the election of the first respondent be set aside on the ground of misconduct by means of wrongful counting and recount be ordered in the interests of justice, fair play and good conscience and to declare the appellant as having besoms successful from the said Assembly Seat. The learned Judge of the High court after elaborately discussing the averments made in the election petition and the oral evidence led by the parties hue. found as follows.

(3.) Before proceeding further, a glaring omission in the petition may be noticed here, namely, that it has not been alleged that the result of the election has been materially affected by all or any of the alleged irregularities during counting. Seen in this context, the averments with regard to polling booth 43-A even if taken to be correct do not warrant setting aside of the election of the successful candidate. After hearing the learned counsel, the learned Judge rejected the election petition observing that :