RAJINDER ZAR Vs. MANJIT SINGH DOGRA

JUDGEMENT

(1.) The present petitioner, Shri Rajinder -ar, unsuccessfully contested the H. P. Legislative Assembly Election from 28-Nadaunta Constituency, which was held on 9/11/1993 and the result was declared on 28/11/1993. Respondent No. 1, Shri Manjit Singh Dogra, was the elected candidate, while, respondent No. 2, Shri Ram Rattan Sharma, was another defeated candidate. The said election has been challenged through the present election petition preferred under Section 81 of the Representation of the People Act, 1951 (hereinafter to be called as 'the Act') on various grounds. It has been prayed that the election of respondent No. 1 to the H. P. Assembly from 28 -Nadaunta Constituency on account of corrupt practices by respondents Nos.1 and 3 be set aside. It has also been prayed that the Court may order to re-count the total votes cast in the constituency and to make such order as it may deem fit and proper in the circumstances of the case. The full particulars of the corrupt practices, alleged to have been committed by respondents Nos. 1 and 3, have been detailed in the petition. The election has also been assailed on account of the violation of certain election Rules pertaining to the counting of the votes. The detailed grounds, on the basis of which the relief has been prayed for, are not being referred here on the sole ground that the petition is not being disposed of at present on merits but on the point of limitation alone.

(2.) The petition was filed before the Registrar of High Court of Himachal Pradesh on 13/01/1994. The Registrar at the time of presentation of this petition made the following order:-

(3.) At the time of scrutiny by the office, various objections were raised and after removing the objections, the petition was again put up before the Registrar on 2l-1-1994, who passed the following order:-