KRISHNA MOHAN SHARMA Vs. JAI BHADRA SINGH

JUDGEMENT

(1.) Both these Election Petitions have been filed calling in question the validity of the election of Sri Bhadra Singh, who has been declared elected as member of Lok Sabha from 26th Sultanpur Parliamentary Constituency in 1999 General Election held for constituting 13 Lok Sabha. The petitioner, Sri Krishna Mohan Sharma has filed the Election Petition under S. 81 of the Representation of People Act, 1951 and the petitioner Sri Satya Dev Singh has filed the Election Petition under Ss. 80, 80A, 81, 84, 86, 98, 99, 100, 100 (1) (c) (d) (iv) of the Representation of People Act 1951, read with Article 329 (b) of the Constitution of India.

(2.) Since the issues raised are common, both these Election Petitions have been clubbed together for disposal. The parties have also agreed for combined hearing of the petitions.

(3.) The facts pleaded by the petitioners are as follows :Sri Satya Dev Singh who has filed Election Petition No. 9 of 1999, was one of the contestants for the Election to be held on 3/10/1999 for 26th Sultanpur Parliamentary Constituency in which respondent, Sri Jai Bhadra Singh was declared elected. According to the petitioner the result of Election insofar as it concerns the returned candidate, having been materially affected on account of illegal rejection of the Nomination Paper of the petitioner. The Election time table relating to Election for the said Parliamentary Constituency was as follows :i.Issue of Notification by President-7th Sept. 1999ii.Last date for filing of the nomination-14th Sept. 1999iii.Scrutiny of nominations-15th Sept. 1999iv.Last date for withdrawal of candidature-17th Sept. 1999v.Date of Polling-3rd Oct. 1999vi.Counting date-6th Oct. 1999vii.Date of declaration of result of election.-7th Oct. 1999