GANGA SINGH Vs. MANSA RAM

JUDGEMENT

(1.) Both these election petitions (Election Petition Nos. 5 and 6 of 1998) are directed against one and the same respondent Shri Mansa Ram who has been returned from 59 -Karsog (Reserved) Assembly Constituency to Himachal Pradesh Vidhan Sabha in the election held on February 28; 1998. Election Petition No. 5 has been filed by Shri Ganga Singh on the ground that his nomination papers stand wrongly rejected by the concerned Returning Officer. Election Petition No. 6 has been filed by one Shri Mehar Singh elector appearing -at serial No. 481 in Part No. 68 of the Electoral Roll for the said constituency. He too is aggrieved against the improper rejection of the nomination papers of Shri Ganga Singh, petitioner in the other petition. Since the pleas taken in both these petitions are identically the same, reply on behalf of the respondent is also the same and the same set of issues have been framed by this Court vide order dated August 12, 1998, both these petitions are consequently taken up to be disposed of by a common judgment.

(2.) Facts are taken from Election Petition No. 5 of 1998, (Ganga Singh v. Mansa Ram).

(3.) Petitioner Shri Ganga Singh filed his nomination papers on February 3,1998 for contesting the Vidhan Sabha seat The Returning Officer rejected the nomination papers on February 5. 1998. Elections were held on February 28, 1998, counting was held on March 2, 1998 where after respondent Shri Mansa Ram was declared elected by a margin of 1932 votes defeating his nearest rival Shri Joginder Pal who had contested the election as a candidate of the Bhartya Janta Party. It has been said in the petition that at the time of the scrutiny of the nomination papers, the petitioner was also present. The Returning Officer examined the nomination papers and it was found that the petitioner had not mentioned his age in the relevant column of Part III of the nomination form and the same had been left blank.