JAGJIT SINGH Vs. DHARAM PAL SINGH

JUDGEMENT

(1.) The appellant, Jagjit Singh, has challenged the result of the election to the Haryana Legislative Assembly at Charkhi Dadri Constituency. The polling took place on 20/5/1991. The results were declared on 17/6/1991. Dharam Pal Singh was declared elected having secured 20,918 votes as against 20,838 votes polled for Jagjit Singh, the appellant herein. Having lost by a narrow margin of 80 votes, Jagjit Singh presented an election petition in the high court of Punjab and Haryana at Chandigarh, challenging results declaredand demanding a re-count of votes cast. The controversy before the trial court has been summarised by the trial Judge in the following manner:

(2.) Issues 6 and 9 pertain to corrupt practice of booth capturing. The advocate appearing on behalf of the appellant, specifically stated that those two issues were not being pressed on the ground of booth capturing. But, it was stated that had there been proper polling at Booth No. 15-A, the result of the election would have been different. As regards Issue 5 the trial Judge has observed that it deserves to be taken up with the other issues on merit. Issues I to 4, 7 and 8 were taken up together and were decided against the appellant and in favour of the returned candidate.

(3.) The grievance of the appellant is that after framing of the issues, the designated Judge of the High court ordered on 17/9/1991 that a list of witnesses be presented within a week and the evidence of the appellant was to be adduced on and from 21/10/1991. The appellant, accordingly, prepared an application along with the list of witnesses. But, the Designated Judge without recording any evidence took up the case for hearing on 21/10/1991. The judgment was reserved and after a period of three months on 21/1/1992 this judgment under appeal was passed.