JAGJIVAN PAL Vs. BIPIN SINGH PARMAR

JUDGEMENT

(1.) Shri Jagjivan Pal has filed election petition under Sections 80 and 81 read with Sections 100 and 101 of the Representation of People Act, hereinafter to be called the Act, calling in question the election of Respondent No. 1 Shir Bipin Singh Parmar, with the prayer for setting aside his election held on 28.2.1998 for the 45, Sulah Legislative Assembly Constituency of H.P. Vidhan Sabha.

(2.) The case of the Petitioner is that his name is entered at serial Number 105 Polling Station No. 55 Khera-I of the said constituency and that he had also contested the election from it which was held in February 1998. Thus, he being a voter and a candidate at the said election, is entitled to file the election petition.

(3.) The election programme of the said election as issued by the Election Commission of India, has been set out in detail in para 2 of the election petition. It has been stated in para 3 thereof that after the withdrawal of the nomination papers, the Petitioner and the three Respondents arrayed in the election petition, including Respondent No. 1 being the returned candidate, were left in the fray.