Upon companysideration of pleadings, six issues were framed.
The other eligible companytestants, who are all party respondents in this appeal, got insignificant number of votes.
1 of 2005.
While the appellant secured 25,237 votes, the election petitioner got 25,216 votes.
The first three issues viz.,
The election petition, obviously, was companytested by the appellant.
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.
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.
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.
Vide order dated 3rd July, 2006, all the said issues were decided in favour of the election petitioner and against the appellant.
Hence the present appeal.
In nutshell, the allegation was that i 96 voters had cast their votes twice during the process of polling 29 votes had been cast in favour of the appellant by way of impersonation, on behalf of the persons who were number available in the companystituency on the date of polling iii 53 votes had been cast in favour of the appellant by way of impersonation on behalf of the persons who had died prior to the date of polling and iv 10 votes had been cast in favour of the appellant by way of impersonation on behalf of two persons who were serving sentences in jail and on behalf of eight persons who were abroad on the date of polling.
2E of 2007 in Election Petition No.
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.
