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1982 Supreme(SC) 186

A.P.SEN, D.A.DESAI
Roop Lal Sathi – Appellant
Versus
Nachhattar Singh Gill – Respondent


Advocates:
A.S.Sohal, D.V.PATEL, M.C.DHINGRA, P.R.MRIDUL, R.S.SODHI

JUDGMENT

SEN, J.:— This appeal by special leave is from a judgment and order of the Punjab & Haryana High Court dated Feb 2, 1981 by which it has directed the deletion of paras 4 to 18 of The election petition filed by the appellant under S. 81 read with Section 100 of the Representation of the People Act, 1951 (Act for short) calling in question the election of the respondent Nachhatter. Singh Gill to the State Legislative Assembly of Punjab from the Moga Assembly Constituency No. 99 on the ground that there is non-disclosure of material facts on which he alleges that the change of allotment of symbols by the Returning Officer, Moga amounted to non-compliance with the provisions of the Constitution, or of the Act, or any rules or orders made thereunder so that the result of the election, in so far as it concerns the respondent i. e. the returned candidate, is materially affected.

2. At the last general elections to the State Legislative Assembly of Punjab from the Moga Assembly Constituency No 99 the appellant contested as a candidate of the Lok Dal Party. The last date for withdrawal of nomination papers was notified as May 5, 1980. It appears that on that day Shri Darbara Singh,



































































































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