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1998 Supreme(HP) 189

R.L.KHURANA
YOGESH SETHI – Appellant
Versus
KRISHNA MOHINI – Respondent


Advocates Appeared:
Mr. Bhoop Singh with Mr. K.D. Sood, Advocate, for the petitioner; Mr. O.R Sharma with Mr M.S. Chandel, Ms. Asha Maid, for respondent No. 1; Ms. Sunita Sharma, for respondent No. 2; Mr. G.D. Verma, for respondent No. 7.

JUDGMENT

R.L. Khurana, J.—The election to the 9th Himachal Pradesh Legislative Assembly were held on 28.2.1998. Respondents 1 to 7 contested such elections from 14-Solan Assembly Constituency. Respondent No. 1, who was a Congress candidate, was declared elected in such elections. Respondent No. 2, who was a candidate of Bhartiya Janta, Party, was defeated by a margin of 26 votes by respondent No.1.

2. The two petitioners before this Court are the voters of 14-Solan Assembly Constitutency. Petitioner No. 1 was the counting agent, while petitioner No. 2 was the election agent of respondent No. 2, during such elections. By virtue of the present petition they have assailed the election of respondent No. 1, under Sections 80,81 read with Sections 100 and 101 of the Representation of People Act, 1951 (hereinafter referred to as the Act). They have prayed that the election of respondent No. 1 from 14-Solan Assembly Constituency be declared void and be set aside and that respondent No. 2 be declared to have been duly elected from the said constituency under Section 101 (a) of the Act.

3. While assailing the election of respondent No. 1 and in making out a case for inspection and recounting o




















































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