DILE RAM Vs. TEK CHAND

JUDGEMENT

(1.) This order will dispose of E.M.P. No. 2 of 2000, being an application filed by the respondent in the main Election Petition, under Section 116 -B of the Representation of the People Act, 1951, hereinafter to be called "the Act".

(2.) Briefly the facts are that the non -applicant -petitioner Shri Deli Ram had filed Election Petition No. 2 of 1998 challenging the election of the applicant -responded Tek Chand from 61 -Nachan (S.C.) Assembly Constituency in Himachal Pradesh, elections for which were held on 28.2.1998. By a judgment of this Court dated 24th March, 2000, the said Election Petition has been allowed and the election of the applicant -respondent from the said Constituency has been set -aside and declared void under Section 100(l)(d)(i)of the Act. The election has been set -aside and declared void on the ground that by the improper and wrongful acceptance of the nomination paper of one of the candidates in the election, namely, Nikka Ram, the result of the election has been materially affected so far as it concerns the election of the applicant -respondent Tek Chand, hence the present application under Section 116 -B of the Act for staying the operation of the said judgment of this Court dated 24th March, 2000, passed in Election Petition No. 2 of 1998, till such time the applicant - respondent files an appeal against the same before the Supreme Court of India.

(3.) Reply to the application has been filed. The learned Counsel for the parties have been heard.