KARAN SINGH TANWAR Vs. SURENDER SINGH AND ORS.

JUDGEMENT

(1.) I.A. 1354/2016 (by the petitioner under Order XII Rule 6 CPC)

(2.) In the accompanying Election Petition filed under Sections 100(1)(d)(i), (iii), (iv), 101, 84 and 125A(ii) of the Representation of the People Act, 1951 (hereinafter referred to as 'the R.P. Act') read with Art. 329(B) of the Constitution of India, the petitioner has challenged the election of the respondent No.1 on several counts. One of the grounds that forms the basis of the present application which as per the petitioner, has been admitted by the respondent No.1 in his reply, is that at the time of filing his nomination papers, in his affidavit dated 19.01.2015, he had furnished incorrect information with regard to his educational qualification to the effect that he is a "B.A. in 2012 from Sikkim University" which is a gross misrepresentation. The petitioner contends that by doing so, the respondent No.1 has successfully exercised undue influence over the voters, which act amounts to a corrupt practice within the meaning of Sec. 123 of the R.P. Act. The aforesaid assertions have been made by the petitioner in paras 6(b), 8 and 10 of the Election Petition.

(3.) The petitioner has averred in para 6(b)(v) of the Election Petition that his associate had submitted an application dated 24.2015 under the RTI Act to the Sikkim University to gather information about the educational qualifications of the respondent No.1. Vide reply dated 26.02015, Sikkim University had informed the applicant that as per the academic record of the year 2014-2015 and all the past academic years, they had no student by the name of Shri Surender Singh (respondent No.1 herein), who had registered for the course of Bachelor of Arts (B.A.) in any Department of the University or its affiliated colleges.