KANT VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 1. With the consent of the learned counsel for the parties, this petition is taken up today for consideration, hear ing and final disposal at the motion hearing stage without formally admitting it for hearing.

(2.) EVEN though, in the charge-sheet, the petitioner was charge-sheeted U/s 171 read with Section 123 of the Rep resentation of People Act, 1951 and on being pointed out that Section 123 of the Act, merely defines corrupt practices and does not constitute an offence and Section 171 already has been repealed, in the counter affidavit filed by the re spondents, it has been averred in para '8' that the charge-sheet against the petitioner is U/s 123 and section 130 of the Representation of People Act, 1951 read with section 171e of the Indian Penal Code.

(3.) AS far as Section 130 of the Act is concerned, on a reading of the First Information Report, it clearly appears on the very face of the First Information Report that the offence U/s 130 has also not been made out because canvassing for votes etc. within a distance of 100 meters of a polling station alone would constitute an offence, but in the First Information Report there is no allegation at all that that acts being committed were done by the petitioner within 100 meters of any polling station.