RAMESH KUMAR RANA Vs. ROMESH

JUDGEMENT

(1.) Petitioner-Ramesh Kumar Rana has through this petition filed under Sections 80 and 81 read with Sections 100 and 101 of the Representative of People Act, 1951 (hereinafter referred to as the Act'), prayed for quashing the election of Ramesh (erroneously typed as Romesh in the petition) son of Sulekh Chand (hereinafter described as 'respondent No. 1') to the Haryana Legislative Assembly from 15, Gharaunda Constituency, Another prayer made by him is for being declared elected in place of respondent No. 1.

(2.) The petitioner, respondent No. 1 and 33 others, including 9 candidates of different political parties, filed their nomination papers for election to 15, Gharaunda Assembly Constituency. The petitioner filed his nomination as the candidate of Samta Party. Respondent No. 1 was the candidate of Bhartiya Janta Party. Shri Ram Pal (respondent No. 22) filed his papers on Congress (I) ticket. Shri Ram Krishan (respondent No. 18) was Congress Tiwari candidate. Shri Ved Parkash (respondent No. 25) represented Janta Dal. Shri Subhash (respondent No. 31) represented Shiv Sena, Shri Sube Singh (respondent No. 30) was the candidate of Communist Party of Marxist, Shri Kesho Ram (respondent No. 4) represented Bahujan Samajwadi Party and Shri Piru Ram (respondent No. 8) contested election as the candidate of Samajwadi Party. The symbol of the petitioner was 'Mashaal' (Burning Torch) and that of respondent No. 1 was 'Lotus Flower'). The counting of votes commenced on 8.5.1996 and concluded on 9.5.1996. The result of election was announced on 10.5.1996 and respondent No. 1 was declared elected by a narrow margin of 11 votes. The number of votes counted in favour of different candidates are detailed below:- <TAB> 1. Ramesh Kumar Rana, Petitioner : 20,219 2. Romesh, respondent No. 1 the returned candidate : 20,230 3. Anguri Devi, respondent No. 2 : 105 4. Om Parkash, respondent No. 3 : 499 5. Kesho Ram, respondent No. 4, BSP : 3,670 6. Jafra, respondent No. 5 : 176 7. Zile Singh, respondent No. 6 : 206 8. Nafe Singh, respondent No. 7 : 75 9. Piru Ram, respondent No. 8 Samajwadi Party : 134 10. Prithvi Singh, respondent No. 9 : 42 11. Jogi Ram, respondent No. 10 : 72 12. Parveen Kumar, respondent No. 11 : 75 13. Pravesh Kumar Goyal, respondent No. 12 : 86 14. Banarrsi, respondent No. 13 : 109 15. Balwant Singh, respondent No. 14 : 139 16. Bir Singh, respondent No. 15 : 424 17. Madan Lal, respondent No. 16 : 79 18. Ramesh s/o Bhartu Ram respondent No. 17 : 317 19. Ramkrishan (Congress Tiwari) respondent No. 18 : 8,367 20. Ram Chandar, respondent No. 19 : 69 21. Ram Niwas, respondent No. 20 : 214 22. Ram Pal, respondent No. 21 : 83 23. Ram Pal Singh, S/o Basant Singh, Congress (I) respondent No. 22 : 11,973 24. Rikhi Kesh, respondent No. 23 : 122 25. Bikram Singh, respondent No. 24 : 196 26. Ved Parkash, respondent No. 25 Janata Dal Candidate : 6,719 27. Satnam, respondent No. 26 : 215 28. Satish Kumar, respondent No. 27 : 55 29. Sajid, respondent No. 28 : 61 30. Sukhbir Singh, respondent No. 29 : 31 31. Subha Singh, respondent No. 30 (C.P.M. Candidate) : 720 32. Subhash Chander, respondent No. 31 (Shiv Sena Candidate) : 3,833 33. Surinder Kumar, respondent No. 32 : 4,170 34. Suresh Singh, respondent No. 33 : 82 35. Surat Singh, respondent No. 34 : 54</TAB>

(3.) The petitioner has challenged the election of respondent No. 1 on the following grounds:-