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1992 Supreme(P&H) 372

A.L.BAHRI
Ram Sarup – Appellant
Versus
Peer Chand – Respondent


Judgment

A.L.BAHRI, J.

1. Elections to Haryana Vidhan Sabha from Ratia constituency was held in May 1991. Peer Chand, respondent No. 1, a candidate belonging to Haryana Vikas Party, was declared elected having secured 13255 votes. Rival candidate Ram Sarup petitioner secured 11988 votes. In this petition filed under Sections 80 and 81 read with Sections 100 and 101 of the Representation of the People Act (hereinafter called the Act) Ram Sarup petitioner, the defeated candidate, has challenged election of Peer Chand respondent No. 1. Mainly the grounds taken up in the petition are covered by Sec. 100(1)(d)(iii) and (iv) of the Act. With respect to ground No. (III) it is particularly asserted that at the time of counting at different tables at different rounds of counting certain number of votes belonging to the petitioner and other candidates were wrongfully put in the bundle of respondent No. 1 and if on recount such number of votes are taken out of the bundle of respondent No. 1, he would stand defeated. With respect to ground No. (iv) it is alleged that the seating arrangement at the time of counting of the ballot papers was such that it was not possible for the counting agents to





























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