V.BALAKRISHNA ERADI, P.N.BHAGWATI, RANGANATH MISRA
Surinder Singh – Appellant
Versus
Hardial Singh – Respondent
Judgment
RANGANATH MISRA, J.:- This appeal under S. 116-A of the Representation of the People Act, 1951 (Act for short), is directed against the judgment of the Punjab & Haryana High Court setting aside the election of the appellant to the Punjab Legislative Assembly from Constituency No. 25 known as Naushehra Pannuan Assembly Constituency. Election was held on May 31, 1980, and the result was declared the following day. Appellant was declared elected with 26980 votes while respondent 3 Ranjit Singh lost with 26739 votes.
2. The election petition was filed by two voters of the constituency (respondents 1 and 2). Respondent 1(P. W. 5) was admittedly the counting agent of respondent 3. The election of the appellant was challenged on two allegations of corrupt practice in the main, namely, disturbing a meeting of the Akali Party at a place called Hadur-Shah in Village Gandiwind on May 20, 1980, where the appellants supporters allegedly used firearms and fatally injured one and otherwise inflicted injuries on many others. The relevant allegations in support of this plea are to be found in paragraph 5 of the election petition. The other was an allegation of corrupt practice of bribery wit
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