SHIV LAL DODA Vs. SUNIL KUMAR JAKHAR

JUDGEMENT

(1.) Petitioner claims that preparation of ballot paper, in alleged violation of conduct of Election Rules, Regulations and Instructions, thereby putting his name at serial no.6 of the list of contesting candidates, instead of putting his name at serial no. 12 at the end of the list, has materially affected the result of election of the returned candidate.

(2.) General Election to the Punjab Legislative Assembly was held on 30.1.2012. Instant election petition pertains to 81-Abohar Assembly Constituency. As per election schedule, last date for filing of nomination was 12.1.2012. Scrutiny of nomination was to take place on 13.1.2012. Last date of withdrawal of nomination was 16.1.2012. Date of poll was 30.1.2012 and counting of votes was to take place on 6.3.2012. After withdrawal of nominations on 16.1.2012, 12 contesting candidates remained in the fray. After withdrawal of the nominations, returning officer was to prepare the list of contesting candidates in form 7-A appended to the conduct of Election Rules 1961 ('Election Rules' for short). The list was to be prepared under Rule 10 of the Election Rules and was to be published as provided under Section 38 of the Representation of the People Act, 1951 ('R.P. Act' for short).

(3.) As pleaded by the petitioner in para 5 of the election petition, following were the 12 candidates who contested the election from 81- Abohar Assembly Constituency to the Punjab Legislative Assembly (Vidhan Sabha) 2012:-