SUBHASH ARYA Vs. CHARANJIT SINGH

JUDGEMENT

(1.) The election of Shri Charanjit Singh (the respondent) the returned candidate to the Lok Sabha from South Delhi Parliamentary Constituency at the last general elections to the Parliamentary Constituencies held in January, 1980 has been called in question in this election petition by Shri Subhash Arya alleged to be an elector registered as such at Sr. No. 17, Part No. 387 (15/73) of the South Delhi Parliamentary Constituency.. The 'polling for the South Delhi Parliamentary Constituency took place on Jan. 3, 1980 and counting took place on January 6 and January 7, 1980. The result of the election was declared on January 7, 1980 by the Returning Officer and as a result thereof the respondent was declared elected as a Member of the House of People i.e. Lok Sabha on January 7, 1980. This election petition tinder Sec. 81 of the Representation of the People Act, 1951 (hereinafter called the Act) was filed on February 20, 1980 for declaring the election of the respondent void on the grounds specified under Sec. 100(1)(a), 100(1)(d)(i), 100(1)(d)(iii) and 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. The replication was also filed. The pleadings of the parties gave rise to the following issues which were framed on May 7, 1980:

(2.) Whether the allegations of improper reception of votes contained in para 10(xii) of the election petition lack in material particulars? If so, to what effect ?O.P.R. .

(3.) Whether the nomination paper of the respondent was improperly accepted by the Returning Officer ? O.P.P.