K K SHUKLA Vs. VIJAY KUMAR GOEL

JUDGEMENT

(1.) This Election Petition has been preferred by the petitioner under Section 80 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) challenging the election of respondent No. I to the House of the People from the Sadar Lok Sabha constituency on various grounds including that of the allegations of corrupt practice.

(2.) Before I advert to the issue arising for my consideration in the present petition in respect of which submission has been made by the learned Counsel appearing for the petitioner it would be necessary to delineate the facts giving rise to the present petition.

(3.) The President of India issued a notification under Section 14 of the Act to hold General Elections for the purpose of constituting the 11th Lok Sabha. Pursuant to the aforesaid notification issued by the President of India the Election Commission issued public notice under Section 31 of the Act for holding elections for the aforesaid purpose. Under the notification issued by the Election Commission of India the last date for filing the nomination papers was 3rd April, 1996.4th April, 1996 was scheduled for scrutiny of nomination papers and 6th April, 1996 was slated for withdrawing the candidature from the election fray. 27th April, 1996 was fixed for holding the election for the purpose of electing a Member to the House of People from the Sadar Lok Sabha Constituency.