VIRENDER NATH GAUTAM Vs. SAT PAL SINGH

JUDGEMENT

(1.) GENERAL Elections to the State Assembly of Himachal Pradesh were held on February 26, 2003. Respondent No. 1, Sat Pal Singh, hereinafter referred to as the "returned candidate" was declared elected from 32 -Una Legislative Constituency. Petition Virender Nath Gautam, hereinafter referred to as the "defeated candidate" was one of the candidates from this Constituency on the symbol of Indian National Congress. The returned candidate contested the election as candidate of Bhartiya Janta Party. Result of the election was declared on March 1, 2003. The returned candidate was declared elected by a margin of 51 votes. The returned candidate secured 27651 votes and the defeated candidate secured 27600 votes. Respondent No. 2 Hem Raj and respondent No. 3 Khushal Singh were also candidates. They secured 1018 and 746 votes respectively.

(2.) THE defeated candidate by this petition under Sections 80 and 81 read with Section 100 and 101 of the Representation of People Act, 1951, hereinafter referred to as "the Act", challenge the election of the returned candidate.

(3.) THE election of the returned candidate is sought to be set aside on the grounds that 188 void votes were cast and counted in spite of the fact that all these votes were invalid/void votes as the margin of the votes between the defeated candidate and the returned candidate is only 51, therefore the result of the returned candidate has materially been affected.