S MOHINDER SINGH Vs. HARCHARAN SINGH AND OTHERS

JUDGEMENT

(1.) Only two questions require determination in this petition under Section 80 of the Representation of the People Act (hereinafter referred to as the Act), namely :-

(2.) The relevant facts may now be stated : Four persons, namely, Mohinder Singh petitioner, Harcharan Singh Hudiara, Kartar Singh and Kuldip Singh, respondent Nos. 1 to 3, contested the election to the Vidhan Sabha from Zira Constituency (District Ferozepur) in the State of Punjab. In the contest, respondent No. 1 was declared elected having secured 21,494 votes. The petitioner was defeated by a margin of 872 votes. The petitioner secured 20,622 votes. The petitioner (the defeated candidate) has called in question the election of the returned candidate (respondent No. 1) by the present petition. The relevant paragraphs of the petitioner and only the relevant part of the reply to the same are set out below in order to give a clear indication of the respective stands taken by the parties in their pleadings :-

(3.) On the pleadings of the parties, the following issues were framed :-