AVTAR SINGH Vs. HARCHARAN SINGH BRAR

JUDGEMENT

(1.) This order shall dispose of two Civil Misc. Applications Nos. 20-E and 21-E of 1993, as common question of law and fact is involved in both these applications.

(2.) Elections to Punjab Assembly were held on 19-2-1992. Petitioner contested the said election as a candidate of Akali Dal (Kabul) and respondent No. 1 Shri Harcharan Singh Brar, the returned candidate (hereinafter referred to as respondent No.1) as Congress (I) party candidate. Respondent No. 1 secured 21600 votes and was declared elected from 105-Muktsar Assembly Constituency by the Returning Officer. Petitioner secured 15323 votes. There were other candidates also in the fray.

(3.) Petitioner filed the present election petition challenging the election of respondent No. 1 inter alia on the ground that nomination papers of respondent No. 1 were filed after 3 p.m. on 1-2-1992 which was the last date of filing of the nomination papers and, therefore, could not be accepted. On a protest raised by the petitioner, he was arrested and ultimately the nomination papers which were not even duly signed by respondent No. 1 were accepted by the Returning Officer at 4.30 p.m. on 1-2-1992. The case of the petitioner is that nomination papers of respondent No. 1 could not be accepted after the expiry of the time period fixed for filing of the nomination papers. The same having been accepted illegally by the Returning Officer, the election of respondent No. 1 was liable to be set aside apart from this allegation, petitioner also levelled allegations of commission of corrupt practices under Section 123(7) of the Representation of the People Act, 1951 (hereinafter referred to as the Act), that is, procuring the assistance of police personnel; under Section 123(8) of the Act of booth capturing and bogus polling and undue influence as defined in Section 123(2) of the Act.