DHAN RAJ BARGOTRA Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner on 21-5-1997 made this application (IA-1/97) wherein permission for withdrawing the election petition is prayed. The reason assigned is that the petition was still at the stage of serving the notices on respondents and their presence was awaited so the petitioner may be granted the permission for withdrawing the election petition.

(2.) Notice of this application was given (as prescribed under S. 115 of the J and K Peoples Representation Act (hereinafter referred to as the 'Act') to the respondents of the election petition and in response respondent No. 15 (Mr. G. R. Asgar) filed objections wherein he pleaded that permission for withdrawal may be withheld as the petitioner has been "induced by bargain and consideration" to make such an application. It was pleaded that the petitioner had come in the Court with specific allegations of corrupt practices which included booth capturing, use of muscle and money power etc. by respondent No. 5 (who is a returned candidate) and after election became Cabinet Minister of the National Conference Ruling Party. That a bargain was struck with the petitioner who during the pendency of the election petition was made Member, Legislative Council and on the basis of this bargain and consideration the petitioner has moved the application. It is also pleaded that respondent No. 15 was arrayed as a party because his withdrawal was also manipulated by respondent No. 5 by adopting corrupt practices and without his consent. The petitioner has made specific allegations in this behalf in the election petition from paras 6 to 9. Under law, he is to be deemed as 'contesting candidate' and very much affected by the result of the election and thus the applicant cannot be granted permission after entering into bargain with respondent No. 5 to withdraw from the election petition.

(3.) Respondent No. 5 (Sh. Ajat Shatru Singh) has not opposed the withdrawal of the election petition and pleaded that the withdrawal of the election petition was voluntarily and not by any inducement or promise on his behalf.