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1992 Supreme(P&H) 485

S.S.SODHI
Mani Ram – Appellant
Versus
Surinder Kumar – Respondent


Judgment

1. Fatal to a petition seeking to set aside an election on the ground of corrupt practice, is the lack of material facts and particulars pertaining to such corrupt practice, and such is precisely the case here, where the challenge is to the election of Surinder Kumar respondent-1 to the Vidhan sabha Haryana from the Kaithal Assembly Constituency, in the Elections held in May, 1991.

2. The successful candidates Surinder Kumar obtained 17190 votes while his nearest rival Charan Dass got 16753. Surinder Kumar was consequently declared elected with a margin of 437 votes.

3. According to the petitioner Mani Ram, a voter in the said constituency, the successful candidates Surinder Kumar had committed the corrupt practice of bribery as defined in Sec. 123 of the Representation of the People Act. 1951 (hereinafter referred as the Act) by distributing money for the purpose of inducing voters to vote for him. It was averred in this behalf that Surinder Kumar had given Rs. 25,000.00 to Sat Pal son of Shri Chand and Sat Pal son of Tek Chand for distribution in a Harijan Colony for getting votes for himself. This money was given at 132/5, Siwan Gate, Kaithal at about 10 p.m. on 19/05/19
























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