The appellants case in this regard is that Shri Naresh Yadav was an active worker leader of INLD and was closely associated and well acquainted with the cadre, workers, supporters and well wishers of INLD.
He was an aspirant of INLD ticket for companytesting as an official candidate of INLD from Ateli companystituency.
It may be stated that Smt.
He was earlier a member of Bahujan Samaj Party BSP and had companytested 1996 Assembly Elections on the BSP ticket.
On account of his close association with the INLD cadre he secured a high number of votes cutting into pro INLD and anti Congress votes which would have otherwise been polled in favour of the petitioner.
On companynting, the companytesting candidates were found to have secured the following numbers of votes Sr.
Om Kala, wife of a candidate Shri Naresh Yadav, had also filed her numberination.
One of the grounds taken in the election petition was that the numberination of Shri Naresh Yadav was improperly accepted as he had been companyvicted under section 304 B and Section 498 A of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for seven years and one year respectively, besides the fine, under the judgment and order of sentence pronounced by the Court of Sessions at Gurgaon on 30 31/3/1990.
Om Kala withdrew her candidature.
Rao Om Parkash, Engineer BSP 5819 2.
If only the numberination paper of Shri Naresh Yadav would have been rejected and his candidature would have been excluded the votes polled by him would have definitely been polled by the appellant.
Though an appeal was filed by him before the High Court and the High Court had suspended the execution of the sentence of imprisonment, nevertheless he remained a person companyvicted of offences falling under clause a of sub section 1 and sub section 3 of Section 8 of the Act and hence disqualified.
She is alleged to be a companyer candidate for her husband.
Shri Naresh Yadav, having failed in getting the ticket of INLD, revolted and filed his numberination as an independent candidate.
Santosh, the appellant, who was a candidate sponsored by Indian National Lok Dal INLD secured 31421 votes i.e. next below the highest number of votes.
Name of the candidate Party affiliation No.
Vinod Kumar SJPR 9.
In August 1998, he joined INLD and actively participated in all the programmes, functions and activities of INLD carried by Shri Om Prakash Chautala, president of INLD and Shri Ajay Singh Chautala, president of the youth wing of INLD.
However, the choice of INLD fell on the appellant.
These averments have been denied by the respondent in his written statement as already stated.
J.D. Yadav HVP 5.
However, in spite of holding that the election held in 89 Ateli Assembly Constituency was vitiated on account of numberination of Shri Naresh Yadav having been improperly accepted, the learned designated Election Judge of the High Court of Punjab and Haryana has refused to set aside the election of the respondent as, in his opinion, the election petitioner appellant has failed in discharging the onus of proving that the result of the election, in so far as it companycerns the respondent the returned candidate , had been materially affected.
The companystituency went to polls on 25.2.2000.
Bhagwan Singh INLD 31421 6.
Om Parkash Yadav IND 10.
Ram Singh IND 14.
Santosh W o Yudhvir IND 16.
Satbir IND 17.
The respondent Shri Narender Singh who was a candidate sponsored by Indian National Congress having secured 31755 votes, the highest number of votes, was declared elected.
Shri Naresh Yadav secured 19855 votes, which is more than 59 times the margin of votes between the votes secured by the respondent and the appellant.
Jagat Singh JDU 3.
The respondent had extensively toured the companystituency accompanying Shri Om Prakash and Shri Ajay Singh.
Santosh D o Sh.
Om Parkash IND 11.
Naresh Yadav IND 19855 12.
Comrade Balbir Singh IND 13.
Rama Nand Sharma IND 15.
Surender IND In the above table the party affiliation of the candidates is also given.
Thus, there was a margin of 334 votes between the votes secured by the respondent and the appellant.
Neither the factum of companyviction of Shri Naresh Yadav number the disqualification flowing therefrom is in issue in this appeal.
of valid votes polled 1.
Laxmi Narain SP 8.
The appellant filed an election petition putting in issue the election of the respondent.
WITH A. NO.
Once the numberination of Shri Naresh Yadav was found to be in order and accepted Smt.
Several numberination papers were filed on the dates appointed for filing numberination papers.
2412 OF 2001 J U D G M E N T C. Lahoti, J. Pursuant to a numberification issued by the Election Commission of India under Section 30 of the Representation of the People Act, 1951 hereinafter the Act, for short in the month of January 2000 several companystituencies, including 89 Ateli Assembly Constituency, in the State of Haryana, were called upon to elect members for the Haryana Legislative Assembly.
Narender Singh INC 31755 4.
Yogesh Kumar RJD 7.
The plea as to disqualification of Shri Naresh Yadav has been upheld by the High Court.
After scrutiny held on 4th February and withdrawal of candidature by a few candidates on 7th February there were 17 candidates, including the appellant and respondent, who remained in the fray for Ateli Constituency.
