- (1.)In this Election Petition filed under Section 80 read with Sections 81, 82, 83, 100 and 123 of the Representation of People Act, 1951 (for short hereinafter called 'The Act'), a prayer has been made to set aside the election of respondent Shri Krishnan Lal Panwar, M.L.A. from 16-Assandh Assembly Constituency (Reserve) and to disqualify him from contesting the election for a period of six years because of the corrupt practices allegedly committed by him as mentioned in the petition.
(2.)Briefly stated the facts taken out from the petition are that the notification by the Election Commission of India was published on 18/19th March, 1996 calling for the election to the Haryana Legislative Assembly. The petitioner and respondent along with others filed their nomination papers to contest the election from 16-Assandh (Reserve) Assembly Constituency. After the date of withdrawal only 14 candidates including the petitioner and the respondent remained in the field. The petitioner was the official nominee of Haryana Vikas Party and the election symbol of Haryana Vikas Party and the petitioner was 'A boy and a girl hand-in-hand standing' whereas the respondent was the nominee of Samata Party and the election symbol of Samata party and the respondent was 'Mashaal' (Flame). Shri Jai Kumar was the official nominee of the Indian National Congress and his election symbol was 'Open Hand'. After the election, the respondent was declared elected on 9-5-96 at about 5.00 p.m.
(3.)It has been alleged in the petition that the respondent has shown his total election expenses as Rs. 80,557.31, whereas he has spent on his election from 16-Assandh (Reserve) Assembly Constituency more than the prescribed limit of expenditure of Rs. 1,35,000/-. Thus, according to the petitioner, the respondent has committed the corrupt practice under Section 123(6) of the Act by incurring the expenditure in contravention of Section 77 of the Act. As per the election expenses return filed by the respondent, he has incurred the following expenditure under different main heads :- @@125.htm@@