ANIL BALUNI Vs. SURENDRA SINGH NEGI

JUDGEMENT

(1.) THIS appeal under Section 116-A of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act') has been preferred by a candidate against the judgment and order dated 3.9.2004 of the High Court of Uttaranchal by which the election petition filed by him challenging the election of the respondent Surendra Singh Negi was dismissed.

(2.) THE Election Commission of India issued a notification calling upon the electors of Uttaranchal to elect members of Uttaranchal Vidhan Sabha including those from 29 Kotdwar Legislative Assembly Constituency. According to the notification the schedule of the election was as under:-

(3.) ON the pleadings of the parties the High Court framed several issues and issue Nos. 1 and 3, which are the principal issues, read as under :-