RIKHI RAM KAUNDAL Vs. GANU RAM

JUDGEMENT

(1.) DURING the last general elections to the Himachal Pradesh Vidhan Sabha held in May 1982, the petitioner Shri Rikhi Ram Kaundal and all the four respondents, Sarvshri Ganu Ram, Banta Ram, Ram Parkash and Niku Ram were in the field to contest the seat from 23 Gehrwin Assembly Constituency. This seat is reserved for scheduled caste candidates only. Shri Ganu Ram respondent No. 1 polled 7477 votes which being the highest number of votes polled by any candidate, he was declared elected. The petitioner who trailed immediately behind secured 6901 votes. There is nothing on the record to show the number of votes secured by the other three candidates.

(2.) THE petitioner who had contested the election as an independent candidate has brought the present election petition under Sections 81, 100 and, 101 of the Representation of the People Act, 1951 (hereinafter called 'the Act'), praying that the election of respondent No. 1 be declared void. A further prayer initially made in the election petition was that after the election of respondent No. 1 is declared void, the petitioner be declared elected from the aforesaid constituency in place of respondent No. 1. This second prayer was, however, later dropped at the time of settlement of issues.

(3.) THE second ground, is that inasmuch as respondent No. 1 had made no declaration of the kind referred to above in his nomination paper, he was not qualified for being chosen from the 23 Gehrwin reserved constituency in terms of the mandatory provisions of section 33(2) of the Act.