MAHANT RAM PARKASH DASS Vs. RAMESH CHANDER

JUDGEMENT

(1.) The petitioner questions the election of Mr. Ramesh Chander to the Punjab Legislature from the Dasuya Assembly Constituency. He prays that the election be annulled and that he be declared to have been duly elected.

(2.) The election was held on February 7, 1997. The counting of the ballot papers was conducted on February 9, 1997 at J. C. DAV College, Dasuya. The result was declared in the early hours of the morning on February 10, 1997. Respondent No. 1 was declared elected by a margin of 53 votes. The petitioner alleges that various irregularities had been committed by the Returning Officer and the counting staff. Consequently, an application for rechecking and recounting the ballot papers had been submitted. This request was not properly considered. Respondent No. 1 was wrongly declared elected. The petitioner prays that the votes be recounted and thereafter, he be declared to have been elected.

(3.) Notice of the election petition was issued to all the respondents. In spite of service, respondents Nos. 2 to 5 did not put in appearance. Consequently, it was directed that they will be proceeded against ex parte. Respondent No. 1 filed a written statement to contest the claim made by the petitioner.