DILE RAM Vs. TEK CHAND

JUDGEMENT

(1.) The judgment shall dispose of the preliminary issue. reproduced hereunder, which were framed by this Court on June 23,1998: (I).Whether there has been non -compliance with Section 81 of die Representation of People Act? If so, its effect ? OPR. (II). Whether there has been non -compliance with Section 83 of the Representation of People Act as detailed in preliminary objections raised in the written statement ? If so, its effect ? OPR. (III). Whether the copies supplied to the respondent are not the true copy ? If so, its effect? OPR (IV). Whether the document at.S.No.6 as contained in Form -B at page 31 of the petition has not been supplied to the respondent ? If so, its effect ?OPR. (V). Whether on allegations made in para 2 of the petitioner with regard to the declaration of the results on 2.2.1998, the Election Petition is within time ? OPP. (VI). What is the effect of the documents contained in the envelop with the petition being without verification, attestation and supplying of the copy to the respondent ? OPR: (VII), What is the effect of not placing on record the evidence of depositing Rs. 2000/ - as security of cost of the Election Petition ? OPR "

(2.) Petitioner Dile Ram who Contested the election from 61 -Nachan (SC) Assembly Constituency in Himachal. Pradesh on -Bhartiya Janta Party - ticket and lost it, has laid challenge to the election of respondent Tel: Chand who contested on the Congress ticket and was declared elected.

(3.) . The nomination papers were - to be filed from January - 28, 1998 to February 4,1998 scrutiny was held -on February 5,1998: February 7,1998 was the date fixed as last date of withdrawal of the candidature: Symbols were allotted on February 7, 1998, polling -was held on February728, 1998, votes were counted and. .Result declared on March 2, 1998. .