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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 933 of 1994

PETITIONER:

RAGHBIR SINGH

RESPONDENT:

SURJIT SINGH AND ORS. ETC. ETC.

DATE OF JUDGMENT: 22/08/1994

BENCH:

J.S VERMA & K.S. PARIPOORNAN

JUDGMENT:

JUDGMENT

1994 SUPPL. (2) SCR 766

The following Judgment of the Court was delivered by

VERMA, J. Pursuant to the notification to elect a Member for the Punjab

Vidhan Sabha to represent the Giddarbha Assembly Constituency, the

appellant Reghbir Singh filed his nomination on 1.2.1992 which was found

valid in the scrutiny on 2.2.1992, and he contested the election held on

19.2.1992 wherein he was declared only elected on 20.2.1992. There-after,

the respondent Surjit Singh, a voter from that constituency filed an

Election Petition for a declaration that the appellant’s election was void

on the ground that he was disqualified to be a candidate at the time of

election. The facts on which this ground is based are admitted.

The appellant was convicted for an offence punishable under Section 326

read with Section 149, I.P.C. and sentenced to three years rigorous

imprisonment and a fine of Rs. 100 in addition to his conviction and

sentence also under some