HARKIRAT SINGH Vs. AMRINDER SINGH

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 3rd November, 2004 passed by the High Court of Punjab and Haryana in Election Petition No. 26 of 2002. By the said Order, the High Court dismissed the Election Petition filed by the appellant-petitioner upholding preliminary objection raised by the respondent that the petitioner had failed to disclose material facts as to corrupt practice constituting the cause of action in the election petition.

(2.) To appreciate the controversy raised in the present appeal, few relevant facts may be stated. On December 26, 2001, election for constitution of Punjab Legislative Assembly was announced. On January 16, 2002, Honble the President of India issued a notification calling upon the electors in the State of Punjab to elect their representatives for Punjab Vidhan Sabha. Various stages of election were fixed. As per the notification, January 23, 2002 was the last date for filing nominations by candidates aspiring to be elected to Punjab Vidhan Sabha. Scrutiny of nomination papers was fixed as January 24, 2002 and the last date of withdrawal of nomination was January 28, 2002. Polling was to take place on February 13, 2002 and February 24, 2002 was the date of the counting of votes and of declaration of result.

(3.) The respondent herein filed his nomination from 76, Patiala Town Assembly Constituency as the candidate nominated by Congress (I) Party. The respondent was declared as elected. He was also elected as the leader of the Party and became the Chief Minister of Punjab.