SHYAM LAL RAWAT Vs. RAM LAL

JUDGEMENT

(1.) A notification under S.15(2) of the Representation of the People Act, 1951 was issued on Jan. 30, 1985 calling upon all the Assembly Constituencies in the State of Uttar Pradesh to elect Members of the Legislative Assembly. The last date of filing nominations was 6-2-1985 and the last date of withdrawal was 9-2-1985. The polling was to take place on 2-3-1985. The petitioner Shyam Lal Rawat and the respondents Ram Lal and 10 others contested the election which was held on 2-3-1985. After counting, the respondent 1 Ram Lal son of Laltu was declared elected on 5-3-1985 from the reserved seat of Assembly Constituency 77 Sidhauli, district Sitapur. The respondent 1 Ram Lal secured 22,467 votes followed by the petitioner Shyam Lal Rawat who secured 20,999 votes, thus with a margin of 1468 votes.

(2.) The petitioner challenges the election of the respondent 1 Ram Lal son of Laltu by means of this Election Petition on the grounds that the general election was formerly held in the month of May, 1980 when the respondent 1 was elected and he continued to be a Member of the Legislative Assembly as well as an Assistant Teacher of Junior Vidyalaya against the provisions of Art.199(1)(a) of the Constitution of India read with Art.100(1)(c) of the Representation of the People Act. There has been an improper reception of votes in favour of the respondent 1 while the valid votes cast in favour of the petitioner were illegally rejected. Some valid votes were improperly rejected. The respondent 1 got printed dummy ballot papers against the mandate contained in para 13 of chapter 11 of Arrangement for Poll of Hand Book of Returning officers. The respondent 1 committed corrupt practices in distributing the pamphlets with a view to create hatred against the petitioner, as contemplated by S.123 of the Representation of the People Act. He paid a sum of Rs. 3000/- to the respondent 10 Ram Lal son of Chandrika and a sum of Rs. 3000/- to respondent 6 Muneshwar son of Della for contesting the election. The nomination papers of the respondent 1 have been improperly accepted as he was holding an office of profit under the State Government. The nomination papers of the respondent 10 Ram Lal son of Chandrika also were improperly accepted as he was also holding an office of profit under the State Government, being a Bus Conductor in the U.P.S.R.T.C. The counting was done against the mandate contained in the Hand Book for Returning Officers.

(3.) The petitioner prayed for setting aside the election of respondent 1 and for declaring the petitioner as duly elected member from 77 Sidhauli Assembly Constituency, Sitapur.