LAWS(P&H)-2003-7-182

HARCHARAN SINGH BRAR Vs. SUKHDARSHAN SINGH AND ORS.

Decided On July 11, 2003
Harcharan Singh Brar Appellant
V/S
Sukhdarshan Singh And Ors. Respondents

JUDGEMENT

(1.) THE elections to the Punjab Legislative Assembly were held on 7.2.1997. The term of five years was to expire on 14.2.2002. The Election Commission of India announced the Election Programme for the States of Punjab, Uttar Pradesh and Manipur on 25.12.2001. Therefore, the Model Code of Conduct came into effect with effect from 25.12.2001. The Chief Election Officer, Punjab issued the programme for holding elections in all the 117 constituencies of Punjab, including 105 Muktsar Assembly Constituency. The election programme is reproduced as under: -

(2.) AFTER withdrawal of nomination papers, 12 candidates remained in the election contest for the Muktsar Assembly Constituency . The petitioner was a nominee of the Congress Party. Respondent No. 1 contested as independent candidate, having been denied ticket by the Shiromani Akali Dal (Badal). Respondent No. 2 was candidate of Shiromani Akali Dal (Badal). Respondent No. 3 was candidate of B.S.P. Remaining candidates contested as independent candidates. Respondent No. 5, Jaspal Singh filed his nomination paper on 22.1.2002. Respondent No. 1, the returned candidate filed his nomination papers on 23.1.2002. The polling took place on 13.2.2002. Counting of votes took place on 24.2.2002. Respondent No. 1 was declared elected having won by a margin of 200 votes. Candidates obtained the following votes: -

(3.) WHETHER the nomination of respondent No. 5 was improperly accepted? IF so, its effect? OPP