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2009 Supreme(SC) 1222

D.K.JAIN, R.M.LODHA
Rekha Rana – Appellant
Versus
Jaipal Sharma – Respondent


Advocates Appeared: For the Appellant:Vijay Hansaria, Sr. Advocate, Nagendra Singh, Vishwa Pal Singh, Aslam Sammani, Vishwa Pal Singh, Advocates. For the Respondents:P.S. Patwalia, Sr. Advocate, Vikas Mahajan, Vishal Mahajan, Vinod Sharma, Amanpreet Singh Rahi, Dharam Bir Raj Vohra, Bhaskar Y. Kulkarni (NP), Advocates.

Judgment :-

D.K. Jain, J.

Challenge in this appeal by special leave is to an interlocutory order dated 20th July, 2007 passed by the High Court of Punjab and Haryana at Chandigarh in CM No. 2E of 2007 in Election Petition No. 1 of 2005. By the impugned order, the High Court has allowed the application preferred by respondent No.1 (hereinafter referred to as "the election petitioner") seeking a direction for opening of sealed marked electoral rolls in order to put the same to a witness summoned by him.

2. Election to Gharaunda Assembly Constituency was held on 3rd February, 2005 and the appellant herein was declared as elected by a margin of 21 votes over the election petitioner, who got the second highest number of votes. While the appellant secured 25,237 votes, the election petitioner got 25,216 votes. The other eligible contestants, who are all party respondents in this appeal, got insignificant number of votes.

3. The election of the appellant was challenged by the election petitioner, mainly on the ground that the appellant was the beneficiary of a large number of void votes cast in her favour by impersonation. In nutshell, the allegation was that: (i) 96 voters had cast their



























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