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1993 Supreme(SC) 218

S.C.AGRAWAL, S.R.PANDIAN
Moti Ram – Appellant
Versus
Param Dev – Respondent


Advocates:
A.K.GANGULY, B.DUTTA, B.T.KAUL, K.R.SASIPRABHU, S.K.Bisaria, Sarvesh Bisaria

JUDGMENT

S. C. AGRAWAL, J.:—These appeals have been filed under S. 116-A of the Representation of the People Act, 1951. They relate to election to the Himachal Pradesh Legislative Assembly from 60-Chachiot Assembly constituency held during February, 1990. The appellant was declared elected to the Legislative Assembly from the said constituency. His election was challenged by the respondents in these appeals by filing election petitions in the High Court of Himachal Pradesh. By its judgment dated June 3, 1991, the High Court has allowed the election petitions and has set aside the election of the appellant on the ground that the nomination of one of the candidates, Shri Karam Singh was improperly rejected by the returning officer.

2. The last date for filing the nomination papers was February 2, 1990 and the scrutiny of the nomination papers was fixed for February 5, 1990. Fifteen persons, including the appellant and Shri Karam Singh had filed nomination papers. At the time of scrutiny, an objection was raised on behalf of one of the candidates against the nomination of Shri Karam Singh on the ground that he was holding the office of Chairman, Himachal Pradesh Khadi and Village Indus











































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