MEHANT RAM PARKASH DAS Vs. RAMESH CHANDER

JUDGEMENT

(1.) ELECTION to the Dasuya Assembly Constituency in the State of Punjab was held on February 7, 1997. The petitioner as well as various other persons had contested this election. Respondent No. 1 Mr. Ramesh Chander was elected by a margin of 54 votes. The petitioner who had secured the next highest votes has filed this election petition to challenge the election of respondent No. 1. The other candidates viz. respondent Nos. 2 to 5 were served. No one appeared on their behalf. Consequently, it was directed that they will be proceeded against ex parte. After the completion of pleadings, the issues were framed on May 19, 1997. Learned counsel for the parties had prayed that Issue Nos. 1 to 3 be treated as preliminary issues. These issues were :-

(2.) MR . S.C. Kapoor, learned counsel for the respondent has contended that the averments in the petition do not contain a concise statement of material facts. These are vague and not specific. There is no contemporaneous evidence. The basis on which the allegations have been made has not been disclosed. Thus, the petition does not conform to the requirements of Section 83(1)(a) and should be dismissed at the threshold on that short ground alone. Learned counsel has placed reliance on various decisions in support of his submission.

(3.) SECTION 83(1)(a) clearly postulates that an election petition ''shall contain a concise statement of the material facts on which the petitioner relies.''