SHEIKH AB REHMAN Vs. JAGAT RAM ARYAN

JUDGEMENT

(1.) THE petitioner Sheikh Abdul Rehman of this election petition is a voter in the Bhaderwah Scheduled Caste Assembly Constituency. He filed this election petition on 10 -4 -67 before the Election Commission of India, New Delhi. Shr Hari Singh Hardesh, District and Sessions judge, of Bhaderwah constituted the Election Tribunal to try this case under the orders of the Chief Election Commission, the petition was received by him on 19 -6 -"1967. The parties appeared before the Tribunal. Some seven witnesses, P.Ws. 1 to 7 were examined before him, when the Tribunal was abolished by an Act of the Legislature and, thereafter, the case was transferred to this Court on 15 -9 -1967. It came to my file on 19 -12 -67. The parties were thereafter, summoned to appear before this Court. The petitioner examined before me also himself and one Hiranand Misra, and respondent examined four witnesses including himself.

(2.) BY this election petition, the petitioner seeks to challenge the election of the respondent, Jagat Ram Aryan, from the Bhaderwah Scheduled Caste Assembly Constituency to the Legislative Assembly of the State of Jammu and Kashmir at the last general election of 1967.

(3.) THE series of steps for the conduct of election were as follows: - 1. Date of filing nomination papers 13 -1 -1967 to 20 -1 -67. 2. Date of scrutiny of nomination papers 23 -1 -67. 3. Date of poll 21 -2 -67: