VIRENDER NATH GAUTAM Vs. SATPAL SINGH
LAWS(SC)-2006-12-77
SUPREME COURT OF INDIA (FROM: HIMACHAL PRADESH)
Decided on
December 08,2006
VIRENDER NATH GAUTAM
Appellant
VERSUS
SATPAL SINGH
Respondents
Referred Judgements :-
BRUCE V. ODHAMS PRESS LTD. [REFERRED TO]HARKIRAT SINGH VS. AMRINDER SINGH [REFERRED TO]
Cited Judgements :-
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P POOKUNHI KOYA VS. MUHAMMED HAMDULLAH SAYED [LAWS(KER)-2010-5-26] [REFERRED TO]
MOHAMMED RIYAS P A VS. RAGHAVAN M K [LAWS(KER)-2010-5-22] [REFERRED TO]
V. NAGARAJ VS. DINESH GUNDU RAO [LAWS(KAR)-2014-4-255] [REFERRED TO]
RUBI DEVI VS. STATE OF BIHAR [LAWS(PAT)-2020-7-4] [REFERRED TO]
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SMT. SULBHA SINSINWAR VS. SMT. BEENA JAT AND ORS. [LAWS(RAJ)-2018-1-463] [REFERRED TO]
C P JOSHI VS. KALYAN SINGH CHOUHAN [LAWS(RAJ)-2012-8-132] [REFERRED TO]
PRATYUSHA RAJESHWARI SINGH VS. RUDRA MADHAB RAY [LAWS(ORI)-2015-12-89] [REFERRED]
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PARAS VS. CHAITANYA KASHYAP [LAWS(MPH)-2015-1-6] [REFERRED TO]
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JUDGEMENT
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(1.)This appeal is filed by the appellant against the judgment and order dated December 20, 2004 passed by the High Court of Himachal Pradesh, Shimla in Election Petition No. 2 of 2003. By the said order, the High Court upheld the preliminary objection raised by the first respondent that the Election Petition did not disclose material facts and was liable to be dismissed.
(2.)The case of the appellant is that the Election Commission of India notified the programme for the elections to the Legislative Assembly in the State of Himachal Pradesh scheduled to be held in February, 2003. As per the said notification, the last date of filing of nomination papers was February 7, 2003, scrutiny - February 8, 2003, date of withdrawal - February 10, 2003, date of polling - February 26, 2003 and of counting of votes - March 1, 2003. According to the appellant, he submitted his nomination paper as a candidate of Indian National Congress Party on February 26, 2003 from 32 Una Assembly Constituency. Respondent No. 1 was set up by Bhartiya Janata Party and contested the election from the said constituency. At the counting, according to the appellant, he secured 27, 600 votes while the first respondent got 27, 651 votes. Thus, by a small margin of 51 votes, the first respondent was declared successful candidate.
(3.)According to the appellant, there were several irregularities and illegalities as also discrepancies in the Voters List. Electronic Voting Machines which were employed were defective; many void votes had been polled; there were cases of double voting and all those illegalities vitiated the election and materially affected the result thereof. The appellant, therefore, filed an Election Petition on April 10, 2003. In the said petition, he alleged that one Tek Chand Thakur was the Returning Officer for the constituency in question. At the time of counting, the appellant requested the Returning Officer that he had come to know that many void votes had been cast and they should be deleted from counting, but the Returning Officer expressed his inability and helplessness to do so stating that there was no such mechanism in the Electronic Voting Machines.
(2.)The case of the appellant is that the Election Commission of India notified the programme for the elections to the Legislative Assembly in the State of Himachal Pradesh scheduled to be held in February, 2003. As per the said notification, the last date of filing of nomination papers was February 7, 2003, scrutiny - February 8, 2003, date of withdrawal - February 10, 2003, date of polling - February 26, 2003 and of counting of votes - March 1, 2003. According to the appellant, he submitted his nomination paper as a candidate of Indian National Congress Party on February 26, 2003 from 32 Una Assembly Constituency. Respondent No. 1 was set up by Bhartiya Janata Party and contested the election from the said constituency. At the counting, according to the appellant, he secured 27, 600 votes while the first respondent got 27, 651 votes. Thus, by a small margin of 51 votes, the first respondent was declared successful candidate.
(3.)According to the appellant, there were several irregularities and illegalities as also discrepancies in the Voters List. Electronic Voting Machines which were employed were defective; many void votes had been polled; there were cases of double voting and all those illegalities vitiated the election and materially affected the result thereof. The appellant, therefore, filed an Election Petition on April 10, 2003. In the said petition, he alleged that one Tek Chand Thakur was the Returning Officer for the constituency in question. At the time of counting, the appellant requested the Returning Officer that he had come to know that many void votes had been cast and they should be deleted from counting, but the Returning Officer expressed his inability and helplessness to do so stating that there was no such mechanism in the Electronic Voting Machines.
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