PARAM DEV Vs. MOTI RAM

JUDGEMENT

(1.) This judgment is meant to dispose of Election Petitions Nos. 1 and 2 of 1990, since both these petitions involve determination of similar questions of facts and law. The petitions were consolidated by an order of this Court made on July 25, 1990 to that effect The proceedings were then directed to be recorded in Election Petition No. 2 of 1990.

(2.) It is the election of Shri Moti Ram respondent to the Himachal Pradesh Legislative Assembly from 60 -Chachiot Assembly Constituency in the elections held during February 1990 which stands challenged in both petitions. The main ground of challenge is that the nomination paper of Shri Karam Singh was improperly rejected by the Returning Officer by his order dated February 7, 1990. The provisions of section 100 (1) (o) of the Representation of the People Ace, 1951 (for short the Act) have, therefore, been invoked and a declaration sought that the election of the returned candidate, namely, Shri Moti Ram be declared to be void.

(3.) Shri Moti Ram respondent raised a number of preliminary objections. It led to the framing of following preliminary issues : -