MAHENDRA PAL Vs. RAM DASS MALANGER

JUDGEMENT

(1.) -Aggrieved by the dismissal of an election petition challenging the election of respondent No. 1, from 33-Kutlehar Assembly Constituency to the Himachal Pradesh Vidhan Sabha vide order dated 24th June, 1998, without trial, the appellant has filed this appeal.

(2.) The Appellant had contested the election as a candidate sponsored by Indian National Congress while respondent No. 1 had contested the election as a candidate sponsored by Bharatiya Janata Party. Whereas respondent No. 1 polled 11,660 votes, the appellant was shown to have polled 11,657 votes. As many as 750 votes had been declared invalid. The remaining votes had been polled in favour of other candidates.

(3.) The principal challenge to the election of respondent No. 1 who was declared elected by a margin of 3 votes only was based on improper reception of invalid votes in favour of respondent No. 1 and improper rejection of valid votes polled in favour of the appellant. It was alleged that many irregularities were committed during the course of counting which had materially effected the result of the election insofar as the returned candidate is concerned. It was also pointed out that the total number of ballot papers which were shown to have been distributed was 35310, but, after counting, the number of ballot papers polled as per Form 20-A, was shown to be 35318. It was alleged that 8 votes which had been counted in excess had been illegally counted in favour of the returned candidate. An application filed by the appellant, soon after the declaration of the result of election, for recount was rejected by the Returning Officer and the appellant has raised a grievance in that behalf also.