JASWANT SINGH Vs. VIRENDER SINGH

JUDGEMENT

(1.) Thre appellant through this appeal under S.116A of the Representation of the people Act,1951 (hereinafter the Act) has challenged the order of the Punjab and Haryana High Court dismissing his Election Petition No.16 / 91.

(2.) The elections to the Haryana Legislative Assembly were held along with the elections to the Parliament in respect of the seats falling within the State of Haryana on 20-5-1991. The appellant and respondents Nos.1 to 16 were the candidates from 71 Narnaund Assembly Constituency. Respondent No.1, a candidate sponsored by the Janata Dal was declared elected by polling 20011 votes. The appellant, a nominee of the Indian National Congress secured 19973 votes i.e. 38 less votes than the returned candidate. Since the real contest was between the appellant and the returned candidate respondent No.1, and the challenge in the Election Petition is also limited, it is not necessary to notice the votes polled by or the party affiliations of the other respondents. The polling in the constituency took place in 132 polling stations. The counting of ballot papers took place in the town of Hansi in PCSD High School Dr. Avtar Singh, IAS,SDM Hansi was the Returning Officer, who declared respondent No.1 as duly elected.

(3.) The appellant filed an election petition under S.81 / 83 of the Act calling in question the election of respondent No.1. The challenge, in the election petition, was based mainly on the ground of commission of irregularities and illegalities during the counting . The appellant alleged that the Returning Officer was biased in favour of respondent No.1 and that he had appointed various members of the counting staff of the choice of respondent No.1 and those members improperly rejected the valid votes of the appellant and illegally inflated the number of votes polled by respondent No.1 by accepting and counting invalid votes in favour of respondent No. 1. The facts and particulars in this behalf are mainly contained in paras 11 to 24 of the election petition.