HARI SINGH NALWA Vs. KARTAR SINGH BHADANA

JUDGEMENT

(1.) The general elections to the Haryana Assembly were scheduled to be held in January/February, 2000. The petitioner Sri Hari Singh Nalwa, claimed that he was a Congress nominee for Assembly Election relating to 18-Smalkha Assembly Constituency, District Panipat. Respondent No. 1 Shri Kartar Singh Bhadana was a nominee of the "Lok Dal" for the said constituency. The rest of the respondents were the other candidates who had filed their nomination papers. The election was actually held on 22-2-2000. Respondent No. 1 was declared elected as he secured 37, 174 votes.

(2.) Now the petitioner has brought the present Election Petition challenging the election of respondent No. 1 by setting up a case that he got the highest number of valid votes and since respondent No. 1 was not qualified to be a candidate his nomination papers should have been rejected, and therefore, the election of respondent No. 1 be set aside being illegal and unconstitutional and the petitioner be declared as an elected candidate.

(3.) The general election to the Haryana Assembly was held according to the following schedule :- @@ (i)Date of filing nomination :27-1-2000(ii)Last Date of filing nomination :3-2-2000(iii)Date of scrutiny4-2-2000(iv)Date of withdrawal and allotment of Symbol :7-2-2000(v)Date of polling :22-2-2000(vi)Result declared on :25-2-2000 The names and the votes secured by each of the candidates, who contested the election are as under :Sr. No. Name of candidate Votes secured (1)Kartar Singh Bhadana 37,174(2)Gori Shanker 421(3)Ramesh Chand 3,483(4)Hari Singh Nalwa 25,159(5)Janeshwar 723(6)Amolakh Raj 384(7)Arun 211(8)Rishi Parkash 2,343(9)Charan Singh 179(10)Balraj Chhokar 256(11)Rajender 326(12)Surender 16,722(13)P. P. Kapoor 252 @@