OM PARKASH SONI Vs. NAVJOT SINGH SIDHU

JUDGEMENT

(1.) This order shall dispose of an application under Order 6 Rule 16 & Order 7 Rule 11 read with Section 151 CPC and Section 83 of the Representation of the People Act, 1951 (in short, 'the Act') moved by the first respondent - returned candidate for dismissal of the election petition at the threshold for want of 'material facts' and that no 'cause of action' has accrued in favour of the petitioner.

(2.) The elections to the 15th Lok Sabha were announced on 2nd March, 2009 when the Model Code of Conduct also came into force. As per the Notification dated 17.04.2009, the Polling Schedule of the nine out of a total thirteen Parliamentary Constituencies in the State of Punjab, including 02-Amritsar Parliamentary Constituency, was as follows :-

(3.) The petitioner contested the above-stated election from Amritsar Parliamentary Constituency as a candidate of the Indian National Congress (INC) party while the first respondent was a candidate of Bharatiya Janata Party (BJP). The other respondents were also either representing some political party or were Independent candidates. As per the result declared on 16.05.2009, the petitioner polled 3,85,188 votes whereas the returned candidate (respondent No.1) got 3,92,046 votes. The aggrieved petitioner prays to declare the election of respondent No.1 void; seeks a direction for recounting of the votes and declare him the returned candidate from 02-Amritsar Parliamentary Constituency. These reliefs have been sought, inter alia, on the grounds that the returned candidate adopted 'corrupt practices' (i) as he incurred expenditure much more than what is authorized under Section 77 of the Act [Section 123(6)]; (ii) obtained/procured the assistance of a serving Gazetted Officer of the Government for furtherance of the prospects of his election [Section 123(7)(a)]; and (iii) the returned candidates failed to observe, rather brazenly violated the Model Code of Conduct.