JUDGEMENT
SARKARIA -
(1.)ELECTION to the Himachal Pradesh Legislative Assembly from 6-Kumarsain Assembly Constituency was held according to the under-mentioned calendar :
JUDGEMENT_417_4_1975Html1.htm
(2.)JAI Beharilal Khachi, Beliram Bhalaik and Kishori Lal as rival candidates contested the election from the aforesaid Constituency. The result of the poll was as below:
JUDGEMENT_417_4_1975Html2.htm
Khachi was declared elected defeating Bhalaik by a margin of 118 votes.
Bhalaik filed a petition under the Representation of the People Act, 1951 (hereinafter called the Act) calling in question the election of Khachi on the ground that the latter had committed several corrupt practices pleaded in the petition. The petitioner also alleged the commission of some irregularities and illegalities in the counting of votes and on that basis prayed that a recount be ordered. In the event of election of Khachi being set aside, the petitioner prayed for a further declaration that he had been duly elected.
(3.)THE learned Judge of the High Court found all the issues against the petitioner and dismissed the petition. Hence this appeal.
Allegations, more or less of a general character, of a multitude of corrupt practices were made in the petition. We will notice only those, which were canvassed before us by Mrs. Shyamala Pappu, learned Counsel for the appellant. Since we agree with the reasoning and the conclusions arrived at by the High Court, we will not re-appraise the evidence in detail. We will discuss only the broad salient features of the evidence adduced in the case.
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