KARNAIL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was elected as a Member of the Legislative Assembly of the erstwhile State of Punjab from Dabwali Constituency in Feb. 1952. That was the first election after the commencement of the Constitution. His election was challenged by way of an election petition before the Election Tribunal, Hissar under S.80 of the Representation of the People Act, 1951 (for short called 'the 1951 Act'), inter alia, on the ground that the nomination papers of one Sher Singh had been improperly rejected. The election petition was accepted by the Election Tribunal vide order dt. May 16, 1953, the operative part of which is to the following effect : -

(2.) On reorganisation of the State of Punjab and on formation of the State of Haryana with effect from Ist Nov. 1966. Dabwali Constituency, which the petitioner once represented in the Legislative Assembly, became a part of the State of Haryana. It now falls in the Sirsa District of the State of Haryana. The petitioner is also an ordinary resident of village Haibu-Anna, Tehsil Dabwali, District Sirsa.

(3.) The petitioner claims that he is entitled a to payment of pension, free medical aid for himself and other members of his family and free travel by State owned vehicles in accordance with the provisions of Ss.7A, 7B and 7C of the Haryana State Legislative Assembly (Allowances and Pension of Members) Act, 1975 (fur short 'the Act'), read with the Haryana Legislative Assembly Members (Pension) Rules, 1978.