These allegations merely amount to representation being made by Smt.
This truck had brought about 20 22 voters to the Junior High School Polling Centre of Amethi companystituency and took them back without charging fare from them.
The Judgment of the Court was delivered by SINGH, J. This appeal under Section 116 A of the Representa tion of the People Act 1951 is directed against the order of the High Court of Alahabad Lucknow Bench dated 12.10.1981 rejecting the election petition filed by the appellant questioning the election of the respondent as member of the Lok Sabha.
From the Judgment and Order dated 12.10.1981 of the Allahabad High Court in E.P. No.
402G, 403B, G CIVIL APPELLATE JURISDICTION Civil Appeal No.
Appeallent in person Dr. Y.S. Chitale, N. Nettar, G.S. Narayan Rao and R.B. Datar for the Respondent.
They poll only paltry number of votes.
A bye election was held on June 14, 1981 to fill up the vacancy to the Lok Sabha caused by the death of Sanjay Gandhi in the 25th Amethi Constituency in District Sultanpur in the State of Uttar Pradesh.
The appellant, the respondent and 13 other candidates companytested the election.
The appel lant filed an election petition under Section 80 of the Representation of the People Act 1951 hereinafter referred to as the Act questioning the validity of the election of the respondent on a number of grounds, including the allega tions of companyrupt practice of undue influence, hiring and procuring of vehicles for carrying voters and obtaining the assistance of Government servants and incurring expenses at the election in excess of the permissible limit.
430 of 1982.
On 15th June 1981 Rajiv Gandhi was declared elected having polled 258884 votes while the appellant polled 2728 votes only.
The appellant, however, did number submit any reply to the prelimi nary objections and in spite of date being fixed for hearing arguments in his presence he did number appear before the Court on the date fixed for arguments.
If the preliminary objection was number entertained and a decision reached thereupon, further proceedings taken in the Election Petition would mean a full fledged trial involving examination of a large number of witnesses on behalf of the 2nd respondent in support of the numerous allegations of companyrupt practices attributed by him to the appellant, his agents or others working on his behalf examination of a large number of witnesses by or on behalf of the appellant companytroverting the allegations made against him examination of witnesses in support of the recrimination submitted by the appellant against the 2nd respondent and large number of visits by the appellant from distant places like Delhi and Bombay to Ranchi result ing in number only heavy expenses and loss of time and diversion of the appellant from his public duty in the various fields of activity including those in the House of the People It would mean unnecessary harassment and expenses for the appellant which companyld certainly be avoided if the preliminary objection urged by him was decided at the initial stage by the Election Tribunal.
1 of 1981.
