CHARAN DAS Vs. SURINDER KUMAR AND ORS.

JUDGEMENT

(1.) THE challenge here is to the election of Surinder Kumar to the Vidhan Sabha Haryana from the Kaithal Assembly Constituency on the ground of irregularities committed during the counting of votes. The setting aside of the election and recount of votes thus being the relief sought.

(2.) IT was by a margin of 437 votes that the successful candidate Surinder Kumar defeated his nearest rival - -the Petitioner Charan Dass. 17,190 being the votes secured by Surinder Kumar as against 16,735 of the Petitioner.

(3.) FURTHER , it was emphasised that according to the scheme of the relevant rules prescribed in Part -V of the Conduct of Election Rules, 1961, " - -a defeated candidate, has ample opportunity to examine the voting papers before they are counted, and in case the objections raised by him or his election agent have been improperly overruled, he knows precisely the nature of the objections raised by him and the voting papers to which those objections related., It is in the light of this background that Section 83(1) of the Act has to be applied to the petitions made for inspection of ballot boxes. Such an application must contain a concise statement of the material facts."