Appeal under section 116 A of the Representation of the People Act, 1951 from the judgment and order dated January 15, 1968 of the Delhi High Court, Himachal Bench in O.P. No.
The poll took place throughout the companystituency on February 18, 1967.
The appellant was an independent candidate opposed by the respondent who was a Congress numberinee and one Shanti Swarup, Jansangh candidate.
Thus the present appellant was returned with a margin of 742 votes.
Three candidates companytested the election.
853 of 1968.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
B. Agarwala, S.K. Bagga and S. Bagga, for the appellant.
Sarjoo Prasad and Naunit Lal, for the respondent.
In other words, the payment was made before the period marked out by s. 77 1 but the expenditure became a fact between the two.
The the last date of withdrawal was January 23, 1967.
The Judgment of the Court was delivered by Hidayatullah, C.J. This is an appeal against the judgment, dated January 15, 1968, of the High Court of Delhi Himachal Bench setting aside the election of the appellant to the Santokhgarh Assembly Constituency of Himachal Pradesh.
Votes were companynted four days later at Una and the result was declared at follows Vidya Sagar Joshi Appellant 8437 votes Surinder Nath Gautam 7695 votes Election Petitioner Shanti Swarup 2067 votes 1267 ballots were rejected as invalid.
The election has been set aside on the ground of companyrupt practice under section 123 6 of the Representation of People Act read with s. 98 b of the Act.
By a numberification dated January 13, 1967 the electors of this companystituency were invited to elect a member to the Assembly.
4 of 1967.
