RENU CHADHA Vs. ASHA KUMARI

JUDGEMENT

(1.) The Petitioner, Smt. Renu Chadha, who having contested the elections to the 9th Himachal Pradesh Legislative Assembly (Vidhan Sabha) and lost herein, by virtue of the present petition preferred under Sections 80 and 81 read with Section 100 of the Representation of People Act, 1951, (for short the Act), has called in question the election of the Respondent, Smt. Asha Kumari, the returned candidate from 51, Banikhet Assembly Constituency. It has been prayed that the election of the Respondent from 51, Banikhet Assembly Constituency of Himachal Pradesh Vidhan Sabha, be declared null and void and set aside, and that the Respondent be declared to be disqualified from contesting the elections.

(2.) Briefly stated, the case of the Petitioner is that the Respondent committed corrupt practice as envisaged under Section 123 (7) of the Act, since she had obtained and procured the assistance of a Gazetted Officer, namely, Shri Attar Singh, District Primary Education Officer, Chamba, for the furtherance of the prospects of her election. It is averred that the Respondent, who at the relevant time was the Minister-in-charge of the Primary Education in the Government of Himachal Pradesh, through her influence got letters of appointment issued to various persons of the constituency on 6.2.1998, 7.2.1998 and 9.2.1998, appointed them as JBT teachers. For the purpose of issuance of such appointment letters, services of the above named Shri Attar Singh were procured for the furtherance of her election prospects.

(3.) Further case of the Petitioner is that the Respondent is also guilty of corrupt practice of bribery, as defined under Section 123 (1)(A)(b) of the Act, inasmuch as she had induced the electors to vote for her by giving them appointment/employment as part-time water carriers in different primary schools in her constituency.