LAWS(HPH)-2013-12-42

RAMESH CHAND Vs. ISHWAR DASS DHIMAN

Decided On December 24, 2013
Shri Ramesh Chand Appellant
V/S
Shri Ishwar Dass Dhiman and Others Respondents

JUDGEMENT

(1.) It is proposed to dispose of issue Nos. 3 to 7 as extracted below, which have been treated as preliminary issues in this election petition filed by the petitioner, runner up candidate, under Sections 80 and 81 of the Representation of People Act, 1951 (in short '1951 Act'), calling in question the election of respondent No. 1, returned candidate, from 36-Bhoranj (SC) Constituency of H.P. Legislative Assembly held in 2012:--

(2.) The challenge to the election of respondent No. 1 is based solely on the corrupt practice referred to under Sub-section (7) of Section 123 read with Section 100(1)(b) and (d)(iv) of the 1951 Act. Both the provisions are extracted below for ready reference:--

(3.) It is alleged that "owing to non-compliance with the provisions of the Constitution, Act, Rules and Orders made under the act", the result of the election insofar as it concerns respondent No. 1, has been materially affected in his favour and against the petitioner.