LAWS(P&H)-1997-5-212

BARINDER KUMAR GOYAL Vs. RAJINDER KAUR BHATTAL

Decided On May 05, 1997
Barinder Kumar Goyal Appellant
V/S
Rajinder Kaur Bhattal Respondents

JUDGEMENT

(1.) PETITIONER has filed this election petition under Sections 80 and 81 read with Sections 100, 101 and 123 of the Representation of the People Act praying for setting aside the election of the respondent from 89-Lehra Assembly Constituency, Punjab Vidhan Sabha held in January/February, 1992 with a further prayer for disqualifying her for a period of six years from contesting any election.

(2.) ACCORDING to the petitioner the respondent is guilty of committing corrupt practice of booth capturing by herself and by others on her behalf but with her consent and connivance. According to the petitioner, respondent is also guilty of committing undue influence in terms of Section 123(2) of the Representation of the People Act and for this reason too, the election petition deserves to be accepted thereby disqualifying her from contesting the election for a period of six years. Respondent is also accused of committing corrupt practice of bribery. These allegations alongwith necessary particulars have been mentioned in the election petition.

(3.) ON merits, each one of the para of the election petition has been appropriately replied, denied or controverted. It was, thus, prayed that the election petition deserves to be dismissed with exemplary costs.