RAVINDER SINGH Vs. JANMEJA SINGH

JUDGEMENT

(1.) The petitioner-Ravinder Singh contested the election as a candidate of the Congress Party to the Legislative Assembly of Punjab as its member from constituency No. 96, Ferozepur Cantt., held in the month of February, 1997. The respondent No. 1, Shri Janmeja Singh, was a candidate at the said election set up by the Akali Dal (Badal). The polling was held on 7-2-1997. The counting took place on 9-2-1997. In all there were six candidates, which remained in the field for the contest of election as Member Legislative Assembly of the State of Punjab. Besides the petitioner and respondent No. 1, the other candidates in the fray were respondents No. 2 to 5, namely Lal Singh, Khairati Lal, Gurpiar Singh and Ratinder Singh. The Returning Officer declared Shri Janmeja Singh as duly elected member of the Legislative Assembly of the State of Punjab, having secured the highest votes amongst the other candidates. Respondent No. 1 secured 38281 votes while the petitioner secured 36,551 votes. The other candidates secured votes as under :- @@ NameNo.of votes polled in favour of the candidate Sh. Lal Singh son of Sh. Naginder Singh (respondent No.2)7,840Sh. Kharaiti Lal son of Dev Raj (respondent No.3)314Gurpiar Singh son of Arjan Singh (respondent No.4)65Ratinder Singh son of Mohinder Singh (respondent No.5)3,753 @@

(2.) The respondent No. 1 defeated the petitioner by margin of 1730 votes. The total votes which were polled in the elections were 87947. The number of invalid votes was 1143 leaving the total number of valid votes as 86804.

(3.) The petitioner filed the election petition seeking the election of the returned candidate/respondent No. 1 declared void on the various grounds mentioned therein and for further declaration that the respondent No. 1 has been guilty of committing corrupt practices and sought his disqualification for a period of six years. The petitioner also sought a declaration that he has been duly elected as Member Legislative Assembly from the said constituency.