Decided on October 10,1967

MOHAN RAJ Appellant


- (1.) THIS is an election petition under Section 80 of the Representation of the People act 1951 challenging the election of Shri Surendra Kumar Taparia, respondent No. 1, to the Lok Sabha from the Pali Parliamentary Constituency. The petition has been filed by one Mohan Raj, an elector to the Constituency. The election has been challenged under Section 100 (1) (b) on the ground that respondent No. 1, his election agent and some other persons with his consent committed various corrupt practices defined under Section 123
(2.) THE election petition was presented before this Court on 7-4-67. It was put up on 14-4-67 before me with an office report that the provisions of Sections 81, 82 and 117 had been complied with. This was done in pursuance of Section 86 (1)which lavs down that the High Court shall dismiss an election petition which does not comply with the provisions of these Sections. It was not detected by me at that time that the petition did not comply with the provisions of Section 82fb ). Allegations of corrupt practice had been made in the petition against Shri R. P. Periwal who was the election agent of the returned candidate. Shri R. D. Periwal was himself a candidate at the election. He filed his nomination paper for the Lpk sabha from the Pali Parliamentary Constituency on 18-1-67. It was accepted as valid. Shri Periwal however withdrew his candidature on 23-1 -67.
(3.) SECTION 82 (b) provides that a petitioner shall join as respondents to his petition any other candidate against whom allegations of any corrupt practice are made in the petition. "candidate" occurring in Section 82 (b) has been defined under section 79 (b) as follows: " candidate means a person who has been or claims to have been duly nominated as a candidate at any election, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate. ";

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