RAGHUVEER SINGH RAWAT Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-1-12
HIGH COURT OF UTTARAKHAND
Decided on January 06,2012

Raghuveer Singh Rawat Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) NOTICES were sent to respondent nos. 2 to 4 but despite sufficient service none has turned up on their behalf so this Court has given hearing to learned counsel for the applicant and Brief Holder for the State.
(2.) BY way of this petition, the challenge is to the charge sheet pertaining to crime no. 53 of 2006 and the order of cognizance dated 28.11.2007 passed thereupon. The facts of the case are that First Information Report was lodged by Ashish Panwar, Jitendra Dangwal and Veer Pal Singh against Raghuveer Singh Rawat, a student leader; Professor H.P. Bhatt, Director and Professor Surendra Joshi, Returning Officer of election, for the offence under Section 420, 120B IPC stating that in the Student Union 's Election for the year 2006-07 above named persons violated the Election Code of Conduct. Raghuveer Singh Rawat who was declared elected in the said election submitted his nomination form mentioning his date of birth as 26.07.1980 while actually, the same was 20.06.1978, as explicable in his High School Certificate issued by Uttar Pradesh Education Board. Had he 2 mentioned the correct date of birth '20.06.1978 ', he would have been disqualified for contesting the election. The Director of Campus and the Returning Officer also allowed Raghuveer Singh Rawat to contest the election with wrong date of birth, as explained above. This way, allegations were made that he cheated other candidates, who contested the election as well as university 's authorities. After investigation, chargesheet was submitted whereupon learned Magistrate took cognizance and asked the accused to stand trial for the offence.
(3.) HAVING heard learned counsel for the parties, it transpires that Raghuveer Singh Rawat won the election by securing 644 votes while informants Ashish Panwar secured 64 votes, Jitendra Dangwal secured 123 votes and Veer Pal Singh secured 22 votes. When these informants lost the election, they lodged the impugned First Information Report.;


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