RAM CHAND BHATIA Vs. HARDYAL

JUDGEMENT

(1.) The present appeal by special leave is directed against the judgment of the learned Single Judge of the High Court of Himachal Pradesh at Simla dated 11th October, 1984 declaring the election of the appellant as void under section 100(1)(b) of the Representation of the People Act 1951 (hereinafter referred to as the Act).

(2.) Pursuant to a Notification dated 17th of April, 1982 under sub-section (2) of section 15 of the Act calling upon all the assembly constituencies in the State to elect members of the Legislative Assembly in accordance with the Act and the rules framed therein, a number of persons filed their nomination papers from 46 Nagrota Constituency. After scrutiny there remained only 4 contestants in the field. The appellant Shri Ram Chand Bhatia was sponsored by Bhartiya Janata Party, Shri Hardyal the respondent was the official nominee of Congress (1) Party, Shri Kanshi Ram was a Janata Party candidate 'and Shri Vidhi Chand was the official nominee of the Communist Party of India. The appellant was declared elected to the Himachal Pradesh Legislative Assembly by a margin of 3364 votes. Shri Hardyal the respondent was the next rival candidate. Shri Kanshi Ram, Janata Party candidate secured 1049 votes while Shri Vidhi Chand secured 1889 votes.

(3.) The respondent filed an election petition challenging the election of the appellant under section 81 of the Act on the ground that Shri Kanshi Ram, Janata Party candidate, conspired with the. appellant and other persons to get printed posters like the one annexed to the said petition as Annexure PA containing false statement of facts assailing the personal character of the, election petitioner Shri Hardyal and distributed the same during the election period with the object of prejudicially affecting the prospects of election of Shri Hardyal. The poster annexed to the petition as Annexure PA later on exhibited as P1 in the course of the trial of the case, is the bone of contention in the election petition. It will be relevant to extract the relevant paragraphs of the Election Petition to bring out the points involved in the case: