JAGAN NATH Vs. SOHAN SINGH BASI AND ANR.

JUDGEMENT

(1.) THIS is a petition of Shri Jagan Nath, Advocate of Moga, calling in question the election of Shri Sohan Singh Bassi, Respondent No. 1, who was declared elected from the Ferozepur Parliamentary constituency to the Lok Sabha. The Petitioner and Respondent No. 1 polled 149,558 and 162,198 votes respectively. Originally two prayers were made in the petition. The first was that the election of the returned candidate be declared void and the second was that the Petitioner be declared to have been duly elected as member of the Lok Sabha from that constituency. During the trial of the petition the second prayer was given up.

(2.) THE election of Respondent No. 1 was attacked primarily on the following four grounds:

(3.) RESPONDENT No. 1 entered appearance and filed his written statement on 15th May, 1967. Mr. A.S. Ambalvi appeared for Respondent. No. 2 and stated that his client was ill and, therefore, he had not been able to file a written statement. Certain preliminary issues were framed on that day and Mr. Ambalvi was given time till the next date of hearing for filing the written statement. The case was fixed for arguments on the preliminary issues on 19th May, 1967. On that date no one appeared for Respondent No. 2 nor was any written statement filed on his behalf. Ex -parte proceedings were ordered to be taken in respect of Respondent No. 2. Counsel for the Petitioner and Respondent No. 1 agreed that the preliminary issues which had been framed did not arise in view of the decision of the Full Bench in Election Petition No. 15 of 1967 decided on 17th May, 1967 by which the question whether any objections of the nature raised in the petition to the enrolment of Respondent No. 1 as an elector in the electoral rolls of the Ludhiana Parliamentary Constituency could be raised stood concluded.