SUNIL KUMAR Vs. RAKESH KUMAR

JUDGEMENT

(1.) PETITIONER -Sunil Kumar has filed this election petition under Sections 80, 81 and 100 of the Representation of People Act, 1950 (in short the 'Act') challenging the election of respondent- Rakesh Kumar from 57, North Ludhiana Assembly Constituency, to the Punjab Vidhan Sabha held on 7.2.1997, result of which was declared on 9.2.1997.

(2.) PETITIONER 's contention is that elections to the Punjab Vidhan Sabha were held on 7.2.1997. The petitioner filed his nomination papers for contesting the elections to Punjab Vidhan Sabha from 57, North Ludhiana Assembly Constituency. The petitioner filed the nomination papers as a Bhartiya Janta Party candidate. The respondent had contested the elections on the Indian National Congress (Congress-I) ticket. As per the programme issued by the Election Commission of India, the last date of filing the nomination papers was 20.1.1997; scrutiny of nomination Papers was to be done on 21.1.1997; candidates could withdraw their candidatures by 23.1.1997; the date of polling was 6.2.1997 and counting was to be done on 8.2.1997. Later on, the Election Commission of India re-scheduled the election programme as 23.1.1997 was declared a National holiday and therefore, withdrawal of candidatures was rescheduled upto 24.1.1997; date of polling and date of counting of the ballots was also re-scheduled for 7.2.1997 and 9.2.1997 respectively.

(3.) SHRI Vir Abhimanyu also filed nomination papers from the same Constituency as Bhartiya Janta Party candidate. He also submitted Form 'A' and Form 'B' along with his nomination papers duly authorised as in the case of the petitioner on the same day. Later on, Shri Harish Kumar son of Shri Narauta Ram also filed the nomination Papers as a covering candidate of the Bhartiya Janta Party.