MANMOHAN KALIA Vs. YASH

JUDGEMENT

(1.) This election appeal is directed against a judgment dated June 4, 1982 of the Punjab and Haryana High Court dismissing the election petition filed by the appellant against the respondent. The present appeal arises out of an election to the Assembly Constituency No. 31-Jullundur Cantt. which was held on 31-5-1980 and the result of which was declared on 3-6-1980. Both the appellant and respondent No. 1 were the main rival candidates. The total votes polled from the constituency were 47650, out of which the appellant polled 19710 whereas respondent No. 1 secured 20128 votes, the margin being rather small, viz., 418.

(2.) The appellant sought to challenge the election of respondent No. 1 on various grounds consisting of corrupt practices committed by him (respondent No. 1), which according to the appellant, materially affected the result of the election.

(3.) The appellant, who is an Advocate argued his case with brevity and ingenuity and fairly conceded that he was not going to press all the allegations made in the petition but would confine his arguments only to the allegations pertaining to Section 123 (4) of the Representation of the People Act, 1951 (for short, to be referred to as the 'Act'). In order to understand the ambit and scope within the confines of which the appellant has argued his case, it may be necssary to extract sub-section (4):-