Judgment

SARKARIA, J : - Election to the Himachal Pradesh Legislative Assembly from 6-Kumarsain Assembly Constituency was held according to the under-mentioned calendar :

1. Notification calling the election --- 1-2-1972.

2. Last date for filing nomination papers --- 8-2-1972.

3. Date of poll --- 5-3-1972.

4. Counting of votes and declaration of result --- 12-3-1972.

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:

Total votes polled --- 15050

Invalid votes --- 372

Jai Behari Lal Khachi --- 7336

Beli Ram Bhalaik --- 7218

Kishori Lal --- 124

3. Khachi was declared elected defeating Bhalaik by a margin of 118 votes.

4. 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 p