VED SINGH Vs. JITENDER SINGH AND ORS.

JUDGEMENT

(1.) THROUGH this petition filed under Section 80/81 read with Section 100 of the Representation of People Act, 1951 (hereinafter referred to as the Act). Ved Singh Petitioner has prayed for the setting aside of the election of Respondent No. 1 Jitender Singh to Haryana Vidhan Sabha from 40 -Kailana Assembly Constituency. He has further prayed that it be declared that his election to 40 -Kailana Assembly Constituency to the Haryana Vidhan Sabha is void. He has prayed that he (Jitender Singh) be unseated and he (Ved Singh) be declared to have been elected in his stead.

(2.) ELECTIONS to fill up the Haryana Vidhan Sabha took place in the year 2000. For 40 -Kailana Assembly Constituency, the Petitioner was one of the candidates. He contested on Indian National Lok Dal (INLD) ticket. He is resident of village Pipli Khera. His name is entered at Serial No. 632 Part No. 108 of 40 -Kailana Assembly -Constituency. Election programme issued by the Election Commission of India, was as follows: <FRM>JUDGEMENT_69_LAWS(P&H)3_2002.htm</FRM>

(3.) DAYA Nand and Mahabir Singh Sharma were not qualified to be members of the Haryana Vidhan Sabha as no oath was taken/ subscribed by them as envisaged in Schedule Third to the Constitution of India. Their nominations were liable to be rejected under Section 36(2) of the Act. Improper acceptance of their nomination papers by the returning officer affected adversely the election prospects of the Petitioner. Mahabir Singh Sharma is a worker of the Indian National Lok Dal. He was aspirant of contesting the election on the symbol of Indian National Lok Dal but when no ticket was allotted to him by that party, he turned a rebel and put in nomination papers as independent candidate. Had the nomination papers put in by Mahabir Singh Sharma been rejected, all the votes which he had polled, would have been polled in favour of the Petitioner who was a candidate put up by the Indian National Lok Dal. None of those votes would have been polled in favour of the returned candidate. As regards Daya Nand, he belongs to Jat caste and is resident of village Purkhas Rathi. Village Purkhas Rathi is stronghold of Indian National Lok Dal. In the earlier elections also, majority of the votes of village Purkhas Rathi were being polled in favour of the candidates belonging to Indian National Lok Dal (erstwhile Samta Party). Further the majority of votes polled in favour of Daya Nand in the other parts of the constituency would have been polled in favour of the Petitioner. No vote polled in favour of Daya Nand would have been polled in favour of the returned candidate whose political ideology is different than that of the Indian National Lok Dal. It is alleged in this election petition that if the nomination papers filed by Daya Nand and Mahabir Singh Sharma had been rejected, he would have been declared elected from 40 -Kailana constituency. Due to improper acceptances of the nomination papers of Daya Nand and Mahabir Singh Sharma Respondents, the election of the returned candidate i.e. Jitender Singh was materially affected. It is alleged in this election petition that he (Petitioner) was defeated by a thin margin of 740 votes. Daya Nand got 953 votes and Mahabir Singh Sharma got 1,035 votes. 1988 votes polled by them would have gone en -block in his favour as he was a candidate put up by the Indian National Lok Dal. If Daya Nand had been thrown out of the election fray, 953 votes polled by him would have been polled by the Petitioner as village Purkhas Rathi was a stronghold of the Indian National Lok Dal while Petitioner was a candidate put up by the Indian National Lok Dal. Similarly, 1,035 votes polled by Mahabir Singh Sharma would have been polled by him if Mahabir Singh Sharma had been thrown out of the election fray, on rejection of his nomination paper, as Mahabir Singh, Sharma was a worker of the Indian National Lok Dal. He put up a banner of revolt, put himself up as an "independent candidate". By putting himself up as an independent candidate, he spoiled the prospects of the victory of the Petitioner who was a candidate put up by the Indian National Lok Dal. Votes polled by Mahabir Singh Sharma would have been polled by the Petitioner.