LAWS(P&H)-1993-8-14

MUKHTIAR SINGH Vs. BAL MUKAND

Decided On August 13, 1993
MUKHTIAR SINGH Appellant
V/S
BAL MUKAND Respondents

JUDGEMENT

(1.) Petitioner a defeated candidate from 95-Ferozepur Assembly Constituency in the election held for Punjab Vidhan Sabha in February 1992, has filed the present election petition for setting aside the election of respondent No. 1 Shri Bal Mukand on the ground that mass scale irregularities and illegalities were Petition dismissed Petition dismissedcommitted during the course of counting, claiming a recount and for further declaration in favour of the petitioner as having been duly elected.

(2.) Elections to the Punjab Vidhan Sabha were held in January/ February 1992. Polling was held on 19-2-1992 and counting was done on 20-2-1992 in R.S.D. College, Ferozepur. Petitioner contested as a candidate of Bahujan Samaj Party (B.S.P.) whereas respondent No. 1 was the candidate of Congress (I).

(3.) It is alleged that elections in the State of Punjab were held under a very tense atmosphere. Some of the organisations bad given a call for boycotting the poll and because of the threats given by the terrorists/ militants, most of the people did not come forward to-cast their votes; that the situation prevailing in the State of Punjab was exploited by Congress (I) bypressurising the officials of the administration to help them in all possible manners illegally as well as legally. As consequence thereof respondent No. 1 was declared elected by a margin of 355 votes.