BELI RAM Vs. NAND KUMAR

JUDGEMENT

(1.) We passed an order on 29th April, 1976 (sic) (May 7, 1976 ) allowing this appeal and dismissing the election petition filed by the 1st respondent for setting aside the election of the appellant. We now proceed to give our reasons for making that order.

(2.) The General Elections to the Jammu and Kashmir Legislative Assembly took place in March 1972. There were four candidates who stood for election from the Naushera Assembly Constituency. One was the appellant and the other three were the respondents. The appellant was a candidate set up by the Indian National Congress, while the 1st respondent was an independent candidate supported by the Praja Socialist Party. The poll was held on 8th March, 1972 and the counting of votes took place on 12th March, 1972. It was found that the appellant had secured 8563 votes as against 8512 votes secured by the 1st respondent, 1570 votes secured by the 2nd respondent and 800 secured by the 3rd respondent. The appellant was accordingly declared as duly elected by the Returning Officer.

(3.) The first respondent filed a petition in the High Court of Jammu and Kashmir for declaring the election of the appellant void on various grounds set out in the petition. We shall refer to these grounds a little later when we examine the arguments advanced on behalf of the parties. Suffice it to state for the present that some of the grounds taken in the petition found favour with the High Court and by a judgment dated 25th September, 1975 the High Court allowed the petition and set aside the election of the appellant. It may be pointed out that the 1st respondent also claimed in the petition that he should be declared elected, but this claim was negatived by the High Court on the ground that there was no material on the basis of which such an order could be made. The appellant being aggrieved by the order made by the High Court setting aside his election preferred the present appeal in this Court under Section 123 of the Jammu and Kashmir Representation of the People Act, 1957.