MANGAL SEIN Vs. SRI KISHAN DASS

JUDGEMENT

(1.) THE petitioner Shri Mangal Sein has called in question the election of Shri Sri kishan Dass to the Haryana Legislative Assembly from Rohtak constituency by an election petition filed under Section 81 and Section 100 of the Representation of the People Act, 1951 (hereinafter referred to as the Act ).

(2.) A notification was issued under Section 15 of the Act. This notification was published in the Official Gazette on 4th February, 1972. The notification called upon all the Assembly constituencies in the State of Haryana to elect members to the Haryana Legislative Assembly in accordance with the provisions of the Act and the rules and orders made thereunder. By another notification published in the official Gazette under Section 30 of the Act, the Election Commission fixed 11th february, 1972 as the last date for filing the nomination papers. 13th of February, 1972, was fixed as the date for the scrutiny of the said nominations. The nominations could be withdrawn by the 14th February, 1972. The poll was to take place on 11th march, 1972.

(3.) THE petitioner Shri Mangal Sein, the returned candidate Shri Sri Kishan Dass, shri Om Parkash Saini, Shri Man Singh, Shri Ved Parkash, Shri Balwan Singh, Shri govind Lal, Shri Om Parkash (Harijan), Shri Ishwar, Shri Mansa, Shri Hari Mohan, shri Ram Sarup, Shri Parka Nand Tuli and Shri Balbir Singh filed their nomination papers from the Rohtak Legislative Assembly consistency No. 40. The returning officer rejected the nomination paper of Shri Balbir Singh. The following candidates withdrew their candidature on the date fixed for the withdrawal of the nomination papers:- 1. Shri Man Singh, 2. Shri Om Parkash Saini, 3. Shri Ishwar, 4. Shri Mansa, 5. Shri Om Parkash Harijan, 6. Shri Hari Mohan, 7. Shri Ram Sarup, and 8. Shri Parma Nand Tuli. The application for withdrawal made by these candidates was accepted, thus leaving Shri Mangal Sein, Shri Sri Kishan Dass, Shri Ved Parkash, Shri Balwan singh and Shri Govind Lal in the field. The real contest was between Shri Sri kishan Dass and Shri Mangal Sein. Shri Mangal Sein was contesting on the congress ticket. As a result of the poll, Shri Sri Kishan Dass was elected as he secured 24, 879 votes. Shri Mangal Sein polled 21, 057 votes. The other contesting candidates forfeited their securities.