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2005 Supreme(P&H) 390

S.N.AGGARWAL
Surinder Pal – Appellant
Versus
Gurpreet Singh Kangar – Respondent


Judgment

1. Surinder Pal-petitioner, in this Election Petition is a voter in Rampura Phul (No. 113) constituency of Vidhan Sabha. Six issues were framed out of which issues Nos. 1 and 2 were treated as preliminary issues. These preliminary issues read as under :-

1. Whether the election petition is liable to be rejected in view of the preliminary objection to the effect that material facts and necessary particulars have not been stated in the petition? OPR

2. Whether the facts averred in Paragraphs 4 to 6 of the election petition constitute corrupt practices within the meaning and ambit of Section 123 of the Representation of the People Act? OPP

2. When the file was coming up for arguments on preliminary issues, the petitioner filed an application for amendment in the Election Petition under Section 86 (5) of the Representation of the People Act, 1951 It was contested by respondent No. 1.

3. The arguments have been heard on the preliminary issues reproduced above and also on the application for amendment of the Election Petition.

4. Hence this order.

5. The general elections to the Vidhan Sabha in the State of Punjab were notified by the Election Commission of India on 26-12-2001 as































































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