C M STEPHEN Vs. ATAL BEHARI VAJPAYEE

JUDGEMENT

(1.) The election of Shri Atal Behari Vaipayec (the respondent) the returned candidate to the Parliament (Lok Sabha) from the Parliamentary Constituency-I, New Delhi at the last general elections to the parliamentary constituencies held in January. 1980 has been called in question in this election petition by Shri C. M. Stephen (the petitioner) a defeated candidate. The polling for the Parliamentary Constituency-1, New Delhi took place on 3/01/1980 and counting took place on 6/01/1980. The result was declared on the same day. The respondent was declared elected with 94,098 votes as against 89,053 votes polled by the petitioner. This election petition under Section 81 of the Representation of People Act, 1951 (hereinafter called the Act) was filed on 24/01/1980 for declaring the election of the respondent void under Section .100 (1) (b) and Section 100 (1) (d) (iv) of the Act. Summons for the appearance of the respondent and for filing the written statement were issued. The written statement was filed on 3/03/1980. The replication was filed on 12/03/1980. It is not necessary to reproduce the pleadings at this stage for the pleas in controversy are sufficiently clear from the issues. The pleadings of the parties gave rise to the following issues which were framed on 19/03/1980 :

(2.) . The election petition calls in question the election of the respondent to the Parliamentary Constituency-I-New Delhi. It is concededby the respondent that Shri Madan Lal Khurana was not a candidateat the election to the Parliamentary Constituency-I-New Delhi. He wasonly a candidate at the election to the Parliament from the Parliamentary Constituency-II-South Delhi as is established from the certifiedcopy of the list of nominated candidates, Ext. R-1 Section 82 of the Actlays down the persons to be made parties to the petition, reading asfollows :

(3.) . Issue No. 3 has been held against the respondent, issue No. 4,therefore, does not arise for determination.Issue No. 5.