BIMAL KAUR Vs. SUJAN SINGH

JUDGEMENT

(1.) The petitioner and the respondents contested the election to the Punjab Legislative Assembly in Sept., 1985 from Pakka Kalan (SC) Constituency in which respondent No. 1 Shri Sujan Singh, an Akali candidate, was declared elected. The total votes polled in the election were 63862 out of which 59455 were valid votes. Respondent No. 1 obtained 17017 votes and the petitioner 16602 votes. The votes obtained by the petitioner were the highest amongst the candidates who lost the election. The elections for the Parliament from the Punjab were also held simultaneously with the Assembly elections. Pakka Kalan (SC) Assembly Constituency was a segment of Bhatinda (SC) Parliamentary Constituency.

(2.) It is averred in paras Nos. 5 to 7 that R.29 (In fact the rule to which reference has been made by the counsel for the petitioner is R.22 and not R.29. The matter has been clarified in the replication.) of the Conduct of Election Rules, 1961 (hereinafter referred to as the Rules) provides that every ballot paper shall be of such design as may be approved by the Election Commission. According to the instructions of the Commission no space was to be left on the ballot paper below the name of the last candidate. However, lot of space was left vacant below the name of the petitioner, whose name was printed at the end. Her symbol was lion and that of Sujan Singh respondent No. 1 was scales. The total number of votes polled by the candidates in the Bhatinda (SC) Parliamentary Constituency was 5,92,839 out of which the number of valid votes was 5,65,588. Shri Chet Ram was one of the candidates to the Parliamentary Constituency and his election symbol was the same as that of the petitioner. It is alleged that he was independent candidate and had no personal influence in the Constituency. The total number of votes polled by him was 11254 out of which 6836 polled in Pakka Kalan (SC) Assembly segment and the remaining 4418 votes in the other 8 Assembly segments.

(3.) In paras 8 to 10, it is alleged that the polling in both the Constituencies, i.e., Parliamentary Constituency and the Assembly Constituency, was held on 25th Sept., 1985. The District Election Officers against the provisions of S.26 of the Representation of the People Act, 1951 (hereinafter referred to as the 1951 Act) appointed the same presiding officers, polling officers in all the polling stations for Parliamentary and Assembly Constituencies. The polling stations were also the same.