RAM NATH Vs. CHHAJU RAM

JUDGEMENT

(1.) This is an appeal from the judgment of the Jammu & Kashmir High Court dismissing the election petition which had been filed by the appellant challenging the election of respondent No. 1 from the Chhamb constituency to the legislative assembly of the State.

(2.) The appellant was a voter in the Chhamb assembly constituency during the last general election held in 1967. Six candidates contested the election. There were originally 31 polling stations in that constituency, On the representation of the various political parties the number of polling stations was raised to 35. This was done on February 14, 1967. There were further representations and the number of the polling stations was raised to 39 adding four such stations This was done on February 18, 1967 which was only three days before the polling was to take place. The polling took place on February 2, 1967. The counting of the , votes in respect of polling station Nos. 1 to 35 was done on Feb. 26, 1967 and of polling stations Nos. 36 to 39, on March 1, 1967. The result was declared immediately afterwards. Respondent No. 1 was found to have secured 1139 votes more than his nearest rival respondent No. 2. The other candidates secured far less votes. In April 1967 the appellant filed an election petition. An Election Tribunal consisting of Shri Ram Saroop, District & Sessions Judge, Jammu was constituted for the trial of the petition. All the respondents were served but only respondent No. 1 appeared and filed his written statement. The Tribunal was later on abolished by a statute enacted by the State Legislature and the proceedings were transferred to the High Court on September 16, 1967.

(3.) In the written statement which was filed by respondent No. 1 it was denied that the action ot the Officers concerned in creating the four polling stations was illegal or in contravention of the provisions of the Act or the Rules. It was pointed out that all the contesting candidates had made their arrangement in respect of polling station Nos. 36 to 39 well before the polling took place and no prejudice had been caused to any of the contesting candidates. The candidates were represented by their polling agents at these stations and no objection had been raised either by any contesting candidate or his agent to votes being received at the four polling stations in question. The electors had also been fully informed and the arrangements which had been made by the authorities were in their interest. By way of additional plea, it was state'd that on account of Indo-Pakistan conflict in the Chhamb area in 1965, the persons residing there had been uprooted in large numbers and had been temporarily accommodated in camps. After the cessation of the hostilities steps were taken for their rehabilita-tion but persons from forward areas could not be rehabilitated like others for various reasons. They were distributed in the newly created camps in Samba, R.S. Pura, Jammu and Htranagar tehsil. These areas were far from Chhamb area and it was found highly impractical and difficult for these persons to go to that area to cast their votes. It was to meet such a situation and the repeated demands of the electors and the contesting candidates that the aforesaid polling stations were established.