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1995 Supreme(MP) 826

D.P.S.CHOUHAN
Pawan Diwan – Appellant
Versus
Shri Vidya Charan Shukla – Respondent


Advocates:
R.K. Pandey for petitioner; V.K. Tankha for respondent.

JUDGMENT

1. Pawan Diwan, the petitioner in the present election petition, having lost the battle of ballots as against Shri Vidya charan Shukla (Respondent No.1) in the general elections for parliament held on 22nd November, 1989 from Mahasamund Parliamentary Constituency No. 18, has challenged his election seeking following reliefs :-

"(1) The Returning Officer of Mahasamund Parliamentary Constituency be ordered to produce for re-counting all the votes and ballot papers of that constituency and after independent re-counting, the petitioner be declared as duly elected from that Constituency.

(2) The declaration of respondent No. 1 as the duly elected candidate from Mahasamund Parliamentary Constituency in the last election be declared void.

(3) Such other relief as the Court thinks fit may also kindly be granted." The petitioner was a candidate at the said election sponsored by Congress-I political party whereas the respondent No.1 was the candidate sponsored by Janta Dal political party.

2. The controversy in the present petition, as survives, is in a circumscribed limit on account of subsequent developments whereover parties are not at vanance :

Parliament as constituted after ge





































































































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