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1970 Supreme(SC) 307

V.BHARGAVA, J.C.SHAH
Nihal Singh – Appellant
Versus
Rao Birendra Singh – Respondent


V. BHARGAVA, J.

(1) THE appellant, Rao Nihal Sigh) respondent No. 1, Rao Birendra Singh and respondent No. 2, Manohar, were candidates for election to the Legislative Assembly for the State of Haryana from Atoli Constituency during the mid-term election held in the month of May, 1968. Polling. took place on the 11th May, 1968 and the result was declared on the 15/05/1968. The appellant received 15,937 votes, respondent No. 1 23,673 votes, and Manohar 455 votes. Consequently, respondent No. 1 was declared as the successful candidate. An Election Petition under the Representation of the People Act, 1951 (hereinafter referred to as the Act") was then filed by the appellant challenging the election of respondent No. 1 primarily on grounds of commission of corrupt practices which were all denied by respondent No. 1. The High court of Punjab and Haryana, In the trial of the petition, framed four issues, but issue No. 4 was not pressed in that court, and, consequently, it was not dealt with in the judgment of the High court. That court recorded findings on three issues: one of them was not pressed before us by the counsel for the appellant and was given up. Consequently, we reprodu


















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