Ashok Bhan, J. - (1.) Challenge in this election petition is to the election of respondent No. 1 Joginder Singh Mann who contested the election on Congress (I) ticket from 43-Phagwara (Reserve) Assembly Constituency to Punjab Vidhan Sabha held in P-2 January/February, 1992. Respondent No.1 was declared elected having polled 14359 votes as against the petitioner who contested the election as a nominee of Bhartiya Janta Party (for short referred to as B. J. P.) having polled 13643 votes. The difference of votes between the elected candidate and the petitioner was 716. Petitioner has challenged the election of respondent No. 1 broadly speaking on four counts, i.e. irregularities committed during the Counting of votes; undue influence and obtaining the votes under thereat by respondent No. 1; capturing of booths by respondent No. 1 and his supporters with his consent and polling of votes on behalf of the dead and absent persons. Since the allegations of corrupt practise were levelled against respondent No. 1. an affidavit in support of the petition, as required by law, in Form-25 under Rule 94-A of the Conduct of Election Rules, was filed.
(2.) Written statement to the petition was filed and certain preliminary objections were raised. It was alleged that the petition was not duly signed and verified in accordance with the statutory provisions that the election petition was not supported by a duly filed affidavit as required under the statute and that the petition lacked in material facts and full particulars. Allegations of irregularities committed during the course of electioneering and illegalities committed during the counting of votes and the commission of corrupt practise were denied being vague, lacking in material facts and full particulars. It was further stated that the petitioner was not entitled to get the votes recounted.
(3.) Replication to the written statement was filed by the petitioner controverting the allegations made in the written statement and reasserting those made in the petition. On the pleadings of the parties, the following nine issues were framed:- 1. Whether the election petition is not duly signed and verified by the petitioner ? OPR. 2. Whether the copy of election petition served on the respondents is not a true copy of the election petition ? If so its effect ? OPR. 3. Whether the election petition is not supported by an affidavit as required under the statute ? If not its effect ? OPR 4. Whether the allegations made in the petition lack in material facts and full particulars? If so, its effect? OPR. 5. Whether irregularities were committed in the counting of votes? OPR. 6. Whether the petitioner is entitled to recounting of votes 7 OPR. 7. Whether respondent No. 1 is guilty of committing corrupt practise of undue influence under Section 123(2) of the Representation of People Act ? OPR. 8. Whether respondent No. 1 is guilty of committing corrupt practise of booth capturing under Section 123 (8), of the Representation of People Act ? OPR. 9. Relief.;