SATHI VIJAY KUMAR Vs. TOTA SINGH

JUDGEMENT

(1.) All these appeals have been instituted by the aggrieved appellants against separate orders passed by the High Court of Punjab and Haryana at Chandigarh.

(2.) To appreciate the issues raised in the present appeals, relevant facts may be stated in brief.

(3.) Sathi Vijay Kumar, appellant in Civil Appeal No. 4093 of 2004 was a candidate in the general election of the Punjab Constituent Assembly from 99, Moga Constituency scheduled to be held in February, 2002. According to the appellant, the Election Commission of India issued a notification for holding election in the State of Punjab. The last date for filing nomination papers as per the programme was January 23, 2002. The appellant filed his nomination paper as a candidate of the Indian National Congress whereas Tota Singh, respondent No.1 was the candidate set up by Shiromani Akali Dal (Badal). The nomination papers were scrutinized on January 24, 2002. The last date for withdrawal of candidature was January 28, 2002. Polling took place on February 13, 2002. Votes were counted on February 24, 2002 and the results were also declared on the same day. The appellant secured 42,275 votes, while respondent No.1 secured 42,579 votes. Thus, there was a difference of 304 votes. Accordingly, the first respondent was declared as successful candidate.