MOHARSINGH Vs. MOHANLAL

JUDGEMENT

(1.) The petitioner and the respondents Nos. 1 to 4 contested the election of Sardar Shahar Assembly Constituency No. 19 of the Rajasthan Legislative Assembly. The polling took place on 28-5-1980 and the result was declared on 1-6-1980 in which respondent No. 1 Mohanlal was declared elected. The petitioner secured 21,428 votes and the respondent No. 1 secured 21,662 votes. Respondents Nos. 2, 3 and 4 secured 18,951, 888 and 1,180 votes, respectively. The petitioner has challenged the election of respondent No, 1 on number of grounds and prayed for scrutiny and recount of the entire ballot papers on the grounds stated in the election petition and further prayed for declaring the election of respondent No. 1 as void and for declaring himself as elected.

(2.) Reply to the election petition has been submitted by respondents Nos. 1, 3 and 4.

(3.) On the pleadings of the parties issues were framed. Issues Nos. 18 and 20 were heard as preliminary issues, which are as under :-