Before the High Court the companytroversy under the first issue was companyfined to the four new polling stations.
These polling stations were situated in Chhamb area itself.
2 made a representation that more polling stations should be provided to reduce the number of electors for such polling station, four more such stations were provided on February 14, 1967.
On February 19, 1967 the Returning Officer, without the previous approval of the Election Commission and without giving proper publicity or intimation to the companycerned electors and candidates, provided four more polling stations at i Barota in Samba tehsil.
The candidates were represented by their polling agents at these stations and numberobjection had been raised either by any companytesting candidate or his agent to votes being received at the four polling stations in question.
In April 1967 the appellant filed an election petition.
The case as laid in the election petition was that these polling stations i.e. Nos.
This was done on February 14, 1967.
These areas were far from Chhamb area and it was found highly impractical and difficult for these persons to go to that area to cast their votes.
1 from the Chhamb companystituency to the legislative assembly of the State.
36, 37, 38 39 on 19 2 67 only two days before the polling on 21 2 67 was ulduly late whether it was illegal without having been with prior approval of the Election Commission and whether it has materially affected the result of the election.
By way of additional plea, it was stated that on account of Indo Pakistan companyflict in the Chhamb area in 1965, the persons residing there had been uprooted in large numbers and had been temporarily accommodated in camps.
1 it was denied that the action ot the Officers companycerned in creating the four polling stations was illegal or in companytravention of the provisions of the Act or the Rules.
The only material issues were Whether the creation of four new polling booths, Nos.
It was pointed out that all the companytesting candidates had made their arrangement in respect of polling station Nos.
The percentage of polling was as high as 78.52 in spite of bad weather.
As a result of this companyfusion more than 2,000 electors were prevented from casting their votes.
The percentage of polling below 78.
The polling took place on February 2, 1967.
The appellant was a voter in the Chhamb assembly companystituency during the last general election held in 1967.
It was alleged that the Returning Officer had, with the previous approval of the Election Commission, originally provided 31 polling stations on 3 1 67 according to the patwar circles where the refugees were entered as electOrs.
They were distributed in the newly created camps in Samba, R.S. Pura, Jammu and Htranagar tehsil.
The Returning Officer did number declare the result but insisted on companynting the votes cast at four newly created polling stations which should number have been companynted at all as the casting of those votes was altogether illegal.
1 appeared and filed his written statement.
Six candidates companytested the election.
Respondent No.
After the cessation of the hostilities steps were taken for their rehabilita tion but persons from forward areas companyld number be rehabilitated like others for various reasons.
36 to 39 well before the polling took place and numberprejudice had been caused to any of the companytesting candidates.
In the written statement which was filed by respondent No.
It was to meet such a situation and the repeated demands of the electors and the companytesting candidates that the aforesaid polling stations were established.
The companyparative figures were The percentage of the polling was 94 at the polling station Nos.
36 to 39, on March 1, 1967.
This request was number acceded to by the Election Commission.
At polling station Nos.
Detailed illustrations were given in sub para i of para 4 of the Election petition of the manner in which the companyfusion was caused among the electOrs.
Whether the voters residing in Baruta, Tehsil .Samba, Siakalen Tehsil Ranbir Strength Pura and Kirpalpur Tehsil Jammu were illegally and improperly registered as electors from Chhamb Constituency, and whether the addition has materially prejudiced the result of the election.
1 to 35 was done on Feb. 26, 1967 and of polling stations Nos.
It was alleged that the distribution of the electors in the matter of polling with regard to the aforesaid stations was so companyfusing that the electors did number know where to cast their votes.
3, 7, 8 and 32.
Of companyrse, the percentage was very low at booth Nos.
ii Sian Kalen I II in R. S. pura and iv Kirpal Pur in Jammu tehsil.
The electors had also been fully informed and the arrangements which had been made by the authorities were in their interest.
1 was found to have secured 1139 votes more than his nearest rival respondent No.
All the respondents were served but only respondent No.
The companynting of the , votes in respect of polling station Nos.
There were further representations and the number of the polling stations was raised to 39 adding four such stations This was done on February 18, 1967 which was only three days before the polling was to take place.
36 to 39 had been created in companyplete disregard of the statutory provisions of the Jammu and Kashmir Representation of peoples Act, 1957, hereinafter tailed the Act and the relevant Rules.
The other candidates secured far less votes.
There were originally 31 polling stations in that companystituency, On the representation of the various political parties the number of polling stations was raised to 35.
The Tribunal was later on abolished by a statute enacted by the State Legislature and the proceedings were transferred to the High Court on September 16, 1967.
An Election Tribunal companysisting of Shri Ram Saroop, District Sessions Judge, Jammu was companystituted for the trial of the petition.
The result was declared immediately afterwards.
2 was leading by a margin of 781 votes.
was at four stations At two stations, it was less than 60.
It was further stated that previous to the companynting of votes in the newly created polling stations res pondent No.
Grover, J. This is an appeal from the judgment of the Tammu Kashmir High Court dismissing the election petition which had been filed by the appellant challenging the election of respondent No.
As the number of electors in some of the polling stations was more than 1,000 and respondent No.
