LAWS(HPH)-1992-12-5

NARAIN CHAND PRASHAR Vs. PREM KUMAR DHUMAL

Decided On December 11, 1992
NARAIN CHAND PRASHAR Appellant
V/S
PREM KUMAR DHUMAL Respondents

JUDGEMENT

(1.) The election of respondent No. 1, the returned candidate from Hamirpur Parliamentary constituency is under chal-lenge in this Election Petition. Nominations for filing papers to the Lok Sabha from 4-Hamirpur Parliamentary constituency com-menced on 20/04/1991. Last date for the same was 26/04/1991 and the dates for scrutiny and withdrawal were 27th and 29/04/1991, respectively. The polling was held on 20/05/1991. Counting of votes could not commence on 26/05/1991, due to the assassination of Mr. Rajiv Gandhi and was deferred to 16/06/1991. The counting commenced on 16/06/1991 at Hamirpur, Una, Bilaspur and Dehra simultaneously. The result was declared on 17/06/1991. Respondent No. 1 secured 2,05,970 votes as against the petitioner, who secured 2,02,232 votes. Respondent No. 1 was declared duly elected having won the election with a margin of 3738 votes. Respondents No. 2 to 16 were the other candidates who contested the election.

(2.) The election is sought to be set aside on various grounds, namely : (a) improper acceptance of nomination of respondent No. 7; (b) corrupt practices having been committed by the returned candidate, his election agent and by other persons, with the consent of returned can-didate and his election agent; (c) the improper reception and rejection of votes; and (d) violation of rules made under the Representa-tion of People Act, 1951 (hereinafter called as 'the Act').

(3.) The corrupt practices alleged are : (a) bribery; (b) undue influence; (c) appeal on the ground of religion and caste; (d) promo-tion of feelings of hatred between different classes of citizens on the ground of religion and caste; (e) hiring and procuring of vehicles for conveyance of voters and obtaining, procuring and attempting to procure the assistance from persons in Government service.