IQBAL SINGH Vs. GAGGANJIT SINGH BARNALA

JUDGEMENT

(1.) IN this petition filed under Section 80 of the Representation of the People Act, 1951 (hereinafter referred to as 'the Act'), petitioner Iqbal Singh, the defeated candidate, has challenged the election of Shri Gagganjit Singh Barnala (respondent No. 1 herein) as Member of Legislative Assembly, from 80-Dhuri Assembly Constituency (Punjab).

(2.) THE general election of Punjab Legislative Assembly was held on February 13, 2002. In the said election, eight candidates contested the election from 80-Dhuri Assembly Constituency. The petitioner contested the said election on the party ticket of Shiromani Akali Das (Mann) which was also known as "Panthak Morcha", and his election symbol was "cart". Respondent No. 1, the elected candidate, contested the said election on the party ticket of Shiromani Akali Dal (Badal). The counting of votes was held on February 24, 2002 at Arya College, Dhuri. The result was declared on the same day. Respondent No. 1 was declared elected as having secured 25538 valid votes. The petitioner secured 23979 valid votes. Thus, respondent No. 1 was declared elected by a margin of 1559 votes over the petitioner. PLEADINGS OF THE PARTIES :

(3.) IN the petition, it has been alleged that at the time of counting of votes and declaration of the result, various irregularities and illegalities were committed. The valid votes of the petitioner were deliberately reduced in connivance with the Returning Officer and other officials by tampering with the Electronic Voting Machines and by fabricating the result sheets. In this regard, it has been stated that the counting of the votes has started at 8 a.m. on February 24, 2002. Initially, up to 6th round, the counting was going on smoothly. After completion of each round, the number of votes secured by each candidate was announced on public address system. After the 4th round, the petitioner was leading by 1232 votes. As per announcement made, after completion of 6th round, the petitioner had received 17201 votes and respondent No. 1 received 13939 votes. As such, the petitioner was leading with a margin of 3262 votes over respondent No. 1 at the time of completion of sixth round. Thereafter, another announcement was made by the election observer Shri A. Bhattacharya to the effect that the petitioner had secured 15551 votes up to 6th round, whereby he reduced the total votes polled in favour of the petitioner by 1650 votes. When the counting agent of the petitioner objected to the said announcement, the aforesaid observer got furious and ordered the counting agent of the petitioner to leave the counting hall. In the meanwhile, the Deputy Commissioner and Senior Superintendent of Police of the district also came in the counting hall. Subsequently, under the instructions of the Senior Superintendent of Police, force was used to get the counting hall vacated. Subsequently, after some time, in absence of any counting agent, the final result was declared in which respondent No. 1 was declared elected.