MAJOR SUNIL DUTT DWIVEDI Vs. VIJAY SINGH

JUDGEMENT

(1.) The present election petition has been filed under Section 80 and 81 of the Representation of the People Act, 1951 (hereinafter referred to as the Act) praying that the election of the respondent Sri Vijay Singh, as a member of Vidhan Sabha, Uttar Pradesh from 194, Farrukhabad Assembly Constituency be declared as null and void.

(2.) The facts leading to the filing of the present election petition is, that the Governor of Uttar Pradesh issued a notification under Section 15 of the Act for constituting the 16th House of the Vidhan Sabha calling upon all the Assembly constituencies in the State of Uttar Pradesh to elect their members. The election schedule for holding the election of the 16th House of the Vidhan Sabha for 194, Farrukhabad Assembly Constituency was 19.02.2012 for the date of polling and 06.03.2012 was the date of counting of votes and the declaration of the result. There were 16 persons in the fray. The result was declared on 06.03.2012, declaring the respondent Sri Vijay Singh as elected to the U.P. Legislative Assembly. The respondent polled a total number of 33005 votes against 32858 votes secured by the petitioner. Thus, the returned candidate won by a margin of 147 votes.

(3.) The petitioner, being aggrieved by the result has filed the election petition on the premise that on the date of scrutiny and election, the sole respondent was disqualified under Article 191 of the Constitution of India read with Section 8(3) of the Act. It was contended that the respondent was convicted under Section 302 and 34 and 307 read with Section 34 IPC in Sessions Trial No. 22 of 1998 by the Additional Sessions Judge No.3, Lucknow by judgment and order dated 17.07.2003 and was sentenced to life imprisonment under Section 302/34 IPC and five years rigorous imprisonment under Section 307/34 IPC.