HC dismisses petition challenging Subhash Chandra’s election
By The Times of India
CHANDIGARH: The Punjab and Haryana high court on Thursday dismissed the election petition filed by senior advocate RK Anand challenging the election of media mogul Subhash Chandra as Member of Rajya Sabha from Haryana.
HC has dismissed Anand’s plea while allowing an application filed by Subhash Chandra that his election petition was not in a prescribed format.
Chandra submitted that election petition filed by the RK Anand has alleged corrupt practice and questioned election process for the RS seats held on June 11, 2016.
Appearing for Chandra, former additional solicitor general of India and senior advocate Mohan Jain had argued that as per the mandatory provisions of the law under Section 83 (1) of the Representation of People Act, 1951 where the election petitioner alleges any corrupt practice, the petitioner is bound to file an affidavit accompany with the election petition in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.
Counsel had specified that section 83 (1) (c) of the Representation of People Act, 1951 read with Rule 94-A of The Conduct of Elections Rules, 1961, clearly stipulates that the affidavit should be filed along with the petition in prescribed form “FORM 25”. But R K Anand has not filed any such affidavit in the prescribed format.
“As per provisions of law and the law settled by the Supreme Court, since the petitioner alleged serious allegations in the petition, he has to specifically mention which is correct to his own knowledge and which is based on information and if those not given separately in the affidavit as prescribed in Form 25″, Mohan Jain argued seeking dismissal of Anand’s petition.
Election for two seats of RS from Haryana was held on June 11, 2016. R K Anand who was backed by INLD and congress has been alleging that he had learnt through reliable sources that Chandra had met the returning officer at the Vidhan Sabha in the presence of several people a day before the election. He alleged that Chandra was shown the pen – a violet-colored sketch pen – that was to be used for marking votes on ballot papers the following day. Anand stated that the official pen was removed from the polling area in a clandestine and dishonest manner in an effort to sabotage the election.