CHHATAR PAL SINGH Vs. KANWAL SINGH

JUDGEMENT

(1.) ELECTIONS for the Haryana Legislative Assembly were held in the year 1996. Petitioner had contested the election from 75-Ghirai Assembly constituency of the Hisar district in Haryana. There were other contestants also. Respondent No. 1 was also one of the contestants. He was declared elected. His election is challenged by the petitioner with the prayer that the election of respondent No. 1 be declared void; he be disqualified for committing the corrupt practice during the election; that recounting of the votes of the 75-Ghirai Assembly constituency be ordered and the petitioner be declared elected and respondent No. 24 Pardeep Kumar son of Manphool Singh be held guilty of committing corrupt practice in the election.

(2.) IN this case, issues were framed. Some issues were heard as preliminary issues also and thereafter by my order dated April 3, 1998, para No. 7 of the petition was struck-down. Rest of the objections on the preliminary issues were not accepted at that time. Evidence was thereafter recorded. After the evidence of the petitioner, evidence of respondent No. 1 started and during the pendency of recording of the evidence of witnesses for respondent No. 1, the Haryana Legislative Assembly was dissolved. Respondent No. 1 then closed his evidence. No other respondent has come forward to lead any evidence. Thereafter, I heard the learned counsel for the parties.

(3.) THE learned counsel for the petitioner has argued that only the issue Nos. 7 and 8 survive in the matter. The issues are as under :-