MAHANDER Vs. SURAJ MAL ANTIL

JUDGEMENT

(1.) Brief facts as stated in the petition are that the elections to the Haryana Vidhan Sabha were held in April 1996. Shri Suraj Mal Antil, respondent No. 1, was elected as a Member of the said Vidhan Sabha from 42-Rai Assembly Constituency Sonepat (hereinafter referred as the 'Constituency') from amongst other candidates. The petitioner Mahander Singh, was also one of the candidates for the said election from the said constituency but he lost the election to his nearest rival Shri Surajmal Antil, respondent No. 1, in this petition, by a margin of 3978 votes.

(2.) A number of persons, including the petitioner Mahander Singh and the respondents filed their nominations papers to contest the said election but after the withdrawal of nominations papers by the last date only 19 candidates remained in the field to contest the election. After the polling, the result was declared on 9.5.96 and respondent No. 1 was declared elected from 42 Rai Assembly constituency. The petitioner contested the said election as a candidate of the Haryana Vikas Party whereas respondent No. 1, Suraj Mal Antil contested the same as a candidate of Samta Party and respondent No. 2 Satyavan contested the election as an independent candidate.

(3.) It is averred in the petition that respondent No. 1, his election agent and his various supporters committed various corrupt practices during the election. Respondent No. 1 won the election only because of the corrupt practices committed by him, his agents and his supporters with his consent.