ANAND SHARMA Vs. DAULAT RAM CHAUHAN

JUDGEMENT

(1.) THIS election petition calling in question the election of the Respondent Shri Daulat Ram Chauhan to the Himachal Pradesh State Legislative Assembly from 8 -Shimla Assembly Constituency, has been filed under Sec. 80/81 read with Sec. 100 of the Representation of People Act, 1951 (hereinafter referred to as 'the Act ') by Shri Anand Sharma, one of the defeated candidates.

(2.) THE election was held as per the following schedule:

(3.) AFTER the last date fixed for the withdrawal of candidature, there were left in the arena as many as 24 candidates to contest the aforesaid election from Shimla Assembly Constituency. They included the present Petitioner who had been sponsored by the Congress (I) party and the present Respondent who was the sitting Member from this Constituency and was the nominee of the Bhartiya Janata Party. The main contest at the election was in fact between these two candidates only as each of the remaining 22 candidates had forfeited his security. Shri Daulat Ram Chauhan Respondent secured 12314 votes and was declared successful. Shri Anand Sharma Petitioner, trailing immediately behind, polled 9357 votes. The remaining two candidates in between themselves could secure 3260 votes. In substance the case of the Petitioner, as stated in the petition is that the Respondent, his election agent and other persons with the consent of the Respondent indulged in corrupt practices as defined in Sec. 123(4) of the Act and the election of the Respondent is, therefore, void and needs to be declared as such under Sec. 100(1)(b) of the Act. The further case of the Petitioner as initially pleaded was that the result of the election in so far as it concerns the Respondent, had been materially affected by corrupt practices of the like nature committed in the interest of the Respondent by his agents other than the election agent and for this reason the election of the Respondent deserved to be declared void also under Sec. 100(1)(d)(ii) of the Act.