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1968 Supreme(SC) 34

M.HIDAYATULLAH, R.S.BACHAWAT
Om Prabha Jain – Appellant
Versus
Abnash Chand – Respondent


Advocates:
A.K.SEN GUPTA, B.DUTTA, CO., J.B.DADACHAN, K.L.Mehta, M.L.AGRAWAL, P.C.BHARTARI, S.K.MEHTA

Judgement

HIDAYATULLAH, J. :- This appeal is directed against the judgment of the High Court of Punjab and Haryana at Chandigarh, November 16, 1867 by which the section of the appellant to the Vidhan Sabha of Haryana State from the Kaithal constituency has been declared to be void. The election was held on February 19, 1967 and the result of the poll was declared on February 22, 1967. The appellant had a margin of nearly 2,000 votes over the first respondent who was the closest rival. One other candidate had also stood but we are not concerned with him in the present appeal since he has not shows any interest in it. He secured less than 1,000 votes and forfeited his security.

2. The election petition was based upon allegations of corrupt practice against the successful candidate. The gravamen of the charge was that she as a minister in the Government of Mr. Bhagwat Dayal Sharma used certain discretionary grants to bribe the voters of her constituency and in particular by paying two sums of Rs. 2,000 for the construction of two dharamshalas for the Kumhar and the Sweeper Colonies at Kaithal. There were other allegations also against her but as they have been found against the election

















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