MADAN LAL Vs. HIRA SINGH PAL

JUDGEMENT

(1.) This election petition under Sections 81 and 85 of Representation of the People Act 1951 (hereinafter to be referred to as the Act) was filed by Madan Lal resident of Village Parhech, Post Office Ghanahatti, Tehsil Arki, District Mahasu whereby he challenged the election of the respondent as a member of the Himachal Pradesh Legislative Assembly from 9-Arki Assembly Constituency during the last General Election on the ground that the nomination papers filed by the petitioner had been improperly rejected by the Returning Officer Kasumpti.

(2.) The petitioner alleged that he was a candidate for a seat in the Himachal Pradesh Legislative Assembly from 9-Arki Assembly Constituency and that his name was entered as an elector at Serial No. 504 in Part No. 12 of the Electoral Roll for the said Constituency. The respondent and a few others including Shri Hari Das were other candidates for the same seat. The nomination papers for election from the said Constituency were to be filed on 20-1-1967 before the District Magistrate Mahasu who was Returning Officer of the Constituency and the scrutiny of the nomination papers was to be held on the following day i.e. 21-1-1967 at the office of the Returning Officer at Kasumpti.

(3.) The petitioner further alleged that on 20-1-1967 he personally presented before the Returning Officer two nomination papers which were duly received and entered at Serial Nos.5 and 6. The Petitioner's name was proposed by Shri Anant Ram and Shri Hari Nand both of whom were electors in the same Constituency and were present along with him at the time of presentation of the nomination papers. Both the nomination papers were however rejected by the Returning Officer on his own motion on 21-1-1967. The petitioner alleged that the respondent polled 11778 votes as against 4000 and odd votes polled by the other candidate Shri Hari Das and was therefore declared elected as a member of the Legislative Assembly.