DILE RAM Vs. TEK CHAND

JUDGEMENT

(1.) The present Election Petition has been filed by Shri Dile Ram challenging the election of the Respondent Shri Tek Chand from 61-Nachan (S.C. Assembly Constitutency in Himachal Pradesh, elections for which were held as per the following programme:

(2.) It is pleaded in the Election Petition that various nomination papers were filed by the candidates including the Petitioner and the Respondent. The Petitioner was set-up as a candidate by the Bhartiya Janta Party (B.J.P.) and the Respondent was sponsored by the Indian National Congress (I.N.C.). After scrutiny and withdrawal of nomination papers, five candidates were "left in the field for the said constituency. Polling as scheduled took place on 28th February 1998. After the counting of votes had' been completed the result of the election was declared by the Retufning Officer on 2nd March, 1998, and the five contestants in the fray secured their respective votes as follows: <FRM>JUDGEMENT_87_TLHPH0_2000_1.html</FRM>

(3.) The Petitioner has laid challenge to the election of the Respondent and has sought a declaration to the effect that the same is void and should be set aside inasmuch as one of the five candidates who contested the said election i.e. Shri Nikka Ram was disqualified from contesting the election. As such, his nomination paper was improperly and wrongly accepted by the Returning Officer of the said election, which in turn has materially affected the result of the election insofar as it concerns the returned candidate i.e. the Respondent.