RAM PARTAP CHANDEL Vs. CHAUDHARY LAJJA RAM

JUDGEMENT

(1.) A notification relating to 68 Assembly seats in Himachal Pradesh Vidhan Sabha for holding the general elections to the H. P. Legislative Assembly constituencies, was issued. The instant lis pertains to the dispute relating to 11, Doon Assembly constituency.

(2.) The material facts for the purpose of deciding the preliminary issues may now be stated. Election programme with respect to this constituency was as under :

(3.) Notice of election petition was issued to the respondents. Respondent No. 7 refused to accept service whereas, respondents 2 to 6 and 8 remained absent despite service. Respondent No. 3 put in appearance on 8-3-1994 but absented on the adjourned date. Thus, respondents 2 to 8 have been proceeded ex parte. Only respondent No. 1, the returned candidate, has resisted and contested the election petition by raising two preliminary objections on the grounds :