INDER SINGH Vs. RANGILA RAM RAO

JUDGEMENT

(1.) This petition under Sections 80, 81 read with Sections 10, 101 and 123(7) of the Representation of People Act, 1951 (hereinafter referred as 'the Aet') has been filed by the petitioner praying for setting aside the election of respondent No.1 to the Himachal Pradesh Vidhan Sabha from 64 Gopalpur, Vidhan Sabha Constituency and for declaring the petitioner duly elected to the Himachal Pradesh Vidhan Sabha from the said Constituency.

(2.) The case of the petitioner as made out in the petition is that the petitioner and the respondents contested the election to the Himachal Pradesh Vidhan Sabha from 64, Gopalpur, Vidhan Sabha Constituency, held on 26-2-2003. The petitioner contested the election as a candidate of Bhartiya Janta Party, respondent No.1 as candidate of Indian National Congress, respondent No. 2 as a candidate of Himachal Vikas Congress Party, respondent No, 3 as candidate of Himachal Lok Moreha and the rest of the respondents contested the election as Independent Candidates. On counting of the votes, respondent No. 1 was declared elected by a margin of 2519 votes by securing total 20959 votes. The petitioner secured 18460 votes and the other respondents secured less than 6000 votes.

(3.) The election of respondent No.1 has been challenged by the petitioner on the grounds set out in detail vide paras 5 to 11 of the petition, the sum and substance whereof is as follows :