VIKRAM ANAND Vs. RAKESH SINGHA

JUDGEMENT

(1.) These three Election Petitions (Election Petition No. 4 of 1994, Vikram Anand v. Rakesh Singha; 5 of 1994 Suresh Bhardwaj v. Rakesh Singha and others; and 1 of 1994 Harbhajan Singh Bhajji v. Rakesh Singha and others) are being disposed of by a common judgment as the relief sought for in them is common. It is to declare the election of Sh. Rakesh Singha, from 8th Shimla Assembly Constituency held in November, 1993, void. Election Petition No. 4 of 1994, which has been filed by an Elector, Sh. Vikram Anand, is on the grounds that the result of the election of Sh. Rakesh Singha has been materially affected by the improper acceptance, of his nomination papers as he was disqualified to be chosen to fill the seat of 8th Assembly Constituency having been convicted and sentenced to imprisonment for not less than two years as provided under S. 8(3) of the Representation of the People Act, 1951 (hereinafter called 'the Act').

(2.) In Election Petition No. 5 of 1994, which has been filed by a defeated candidate, Sh. Suresh Bhardwaj, who had contested the election on the ticket of Bhartiya Janata Party, besides the grounds taken in Election Petition No. 4 of 1994, two additional grounds have been taken that the result of election of Sh. Rakesh Singha has been materially affected by improper reception, refusal and rejection of votes or reception of votes which is void and non-compliance of the provisions of 'Conduct of Elections Rules' in particular Rules 53 and 59A thereof, for the counting of votes.

(3.) In the third Election Petition, No. 1 of 1994, which has been filed by another defeated candidate, Sh. Harbhajan Singh Bhajji who had contested the election on the Congress (I) party ticket, the grounds of challenge are only that the result of election of Sh. Rakesh Singha has been materially affected by improper reception, refusal and rejection of votes and non-compliance of the provisions of 'Conduct of Elections Rules, in particular, Rules 53 and 59A thereof for the counting of votes. The Returned candidate, Sh. Rakesh Singha had contested the election on the ticket of C. P. I. (M).