SOHAN LAL Vs. TH BALDEV SINGH

JUDGEMENT

(1.) PETITIONER , Shri Sohan Lal son of Shri Duni Chand, an elector, has filed this petition challenging the election of respondent, Th. Baldev Singh, who was declared elected to the Parliament from the Jammu Parliamentary Constituency in the elections held in March, 1977. The result of the election was declared on 23-3-1977.

(2.) THE election of the respondent has been challenged inter alia on the ground that the respondent committed certain corrupt practices as envisaged under Section 123 of the Represtation of the People Act, 1951 (hereinafter called the Act) during his election compaign. Among the corrupt practices alleged to have been committed by the respondent are the corrupt practice of :

(3.) THE respondent contested the petition and while denying the allegations made against him in his written statement he raised certain preliminary objections with regard to the maintainability of the election petition. The objections raised in the written statement had also been raised in two separate applications dated 19 -9 -77 (filed on 23 -9 -77) and 12 -11 -1977.