JAY VEER SINGH Vs. HARI OM YADAV

JUDGEMENT

(1.) Jay Veer Singh (the election petitioner) has filed Election Petition No.4 of 2017, under sec. 81 of The Representation of the People Act, 1951 (the 1951 Act) to declare the election of the respondent Hari Om Yadav as Member of Legislative Assembly from 99 Sirsaganj Assembly Constituency, District Farrukhabad as null and void and to set aside the same. The declaration as prayed for is sought on the ground that the respondent committed the corrupt practice of bribery, as defined in sub-sec. (1) of Sec. 123 of the 1951 Act, by offering; promising and gifting to the electors of the constituency road, etc on the condition that they agree to vote for him.

(2.) The averments made in the election petition to demonstrate commission of corrupt practice of bribery are contained in paragraphs 10 to 33 of the petition, which are extracted below:-

(3.) Before the Court proceeds to notice and address the grounds on which rejection of the election petition under Order VII Rule 11 CPC is sought, it would be appropriate to notice the notified relevant dates of the election in question. These are:- Last date for nomination 24/1/2017 Date for scrutiny of nomination papers 25/1/2017 Date for withdrawal of Candidature 27/1/2017 Date for poll 11/2/2017 Date for counting of votes 11/3/2017 Date of declaration of result 11/3/2017