BAKHSHISH SINGH Vs. JAI SINGH

JUDGEMENT

(1.) THIS election petition was filed by the defeated candidate Bakhshish Singh challenging the election of respondent Jai Singh, the returned candidate from 12 Nilokheri Assembly Constituency (Haryana ). Prayer has been made to see aside the election of respondent Jai Singh being void and the seat of 12 Nilokheri Assembly Constituency be declared vacant. The facts and the grounds for challenging the election of the respondent as averred in the petition may be noticed.

(2.) THE notification for holding Haryana Legislative Assembly Election was issued by the Governor of Haryana under Section 15 of the Representation of People Act, 1951 (hereinafter referred to as the Act) calling upon the various Assembly Constituencies in the State of Haryana to elect members of Haryana Legislative Assembly in accordance with the provisions of the Act. the following Schedule was notified by Shri D. R. Dhingra, the Returning Officer for the 12 Nilokheri Assembly Constituency:

(3.) IN order words, it could not be said that when Rajender Singh took oath before the Returning Officer whether he was taking the same for contesting a seat in Rajya Sabha. Lok Sabha or Haryana Vidhan Sabha, in as much as none of the three alternatives had been struck off in the oath form. Similarly, one Amarjit who was also contesting the election from the same Assembly Constituency as a Bahujan Samaj Party candidate also presented two sets of nomination papers at 11. 13 a. m. and 11. 14 a. m. whereas he had taken oath in the name of God at 11. 13 a. m. and therefore, he was not qualified at the time of presentation of nomination papers to be chosen to fill up 12 Nilokheri Assembly Constituency as his nomination papers were not presented by him before taking the oath.