- (1.) PRELIMINARY The petitioner Shri C. P. Joshi, who had been the candidate of Indian National Congress from the Nathdwara Legislative Constituency No. 176 in the general elections held on 04.12.2008 for constitution of the 13th Rajasthan Legislative Assembly, has preferred this election petition questioning the result whereby the respondent Shri Kalyan Singh Chouhan, the candidate of Bhartiya Janta Party, was declared elected, defeating him by a margin of one (01) vote.
(2.) THE petitioner has questioned the election of the respondent essentially on two counts: One, that the wife of the respondent cast her votes at two Polling Stations namely, Polling Station No. 39 and Polling Station No. 40 of the said Nathdwara Legislative Assembly Constituency No. 176; and Second, that some of the votes as mentioned in the petition were improperly received wherefor the genuine voters submitted their tender votes. The petitioner has prayed for the orders for recount of the votes while excluding the votes cast twice over by the wife of the respondent; and further, while excluding the improperly received votes and in their place, including the tendered votes of the genuine voters. Although the factual matrix of the case lies rather in a narrow compass but, the nature of dispute and the stand of respective parties have led to multiple questions during the course of long-drawn trial of the petition and so also during the length of arguments. Some of the objections raised and the interlocutory applications moved during the course of trial have been kept pending decision, which shall be taken up hereafter at the appropriate place and juncture, for being co-related with some particular question calling for determination or any particular line of arguments.
(3.) WORTHWHILE it is to notice at the outset that so far the question regarding tendered votes is concerned, though initially in the petition, the petitioner gave out the particulars regarding six (06) such votes but, during the course of trial and arguments, the case in regard to four (04) such votes has been given up; and the material evidence on record, oral and documentary, is in relation to only two (02) of them. Hence, so far tendered votes are concerned, the matter shall be considered herein only in regard to those two (02) votes.;