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1. Brief facts as stated in the petition are that the elections to the Haryana Vidhan Sabha were held in April 1996. Shri Suraj Mal Antil, respondent No. 1, was elected as a Member of the said Vidhan Sabha from 42-Rai Assembly Constituency Sonepat (hereinafter referred as the 'Constituency') from amongst other candidates. The petitioner Mahander Singh, was also one of the candidates for the said election from the said constituency but he lost the election to his nearest rival Shri Surajmal Antil, respondent No. 1, in this petition, by a margin of 3978 votes.

3. It is averred in the petition that respondent No. 1, his election agent and his various supporters committed various corrupt practices during the election. Respondent No. 1 won the election only because of the corrupt practices committed by him, his agents and his supporters with his consent.

4. It is further averred in the petition that one Shri Surender son of Shri Bhima, resident of village Deepalpur and one Shri Naresh son of Shri Jaipal, resident of Mehndipur also filed their nominations papers to contest the said election. Both these candidates belonged to Antil Sub-caste as also respondent No. 1, Shri Suraj Mal Antil. There are about 22 villages .belonging to Antil Sub caste in the constituency and there are about 40,000 voters of the said Sub-caste, out of the total electorate of the constituency of 1,21,785 out of which 73,316 valid votes were polled. Respondent No. 1 was considerably upset and alarmed about the contesting of said election by the above said two persons and it was likely to cut his votes not only of Antil Sub-caste but also some other votes belonging to other castes. Therefore, respondent No. 1 started pressurising and inducing the above said Shri Surender and Shri Naresh to withdraw from the above said contest to help respondent No. 1 to win the election. Consequently, respondent No. 1, on 6.4.96 in the area of Sonepat and in the presence of both the above said persons and in the presence of Shri Satyavan son of Shri Ratti Ram, resident of Akbarpur Rarota, Tehsil and District Sonepat (one of the contesting candidates), respondent No. 2, Shri Kanwal Singh son of Suraj Mal, resident of village Sevli, Tehsil and District Sonepat, promised to both of them good political patronage and adjustment and petition by way of appointing them Chairman of certain Corporation/Boards in consideration for not standing as candidate in the said election in case the Samta Party came to power in the Haryana State.

(iv) Respondent No. 1 and his election agent committed the corrupt practice Under Section 123(6) of the Act i.e. by incurring the expenditure beyond the prescribed limit by using cars and not incorporating their expenditure in the Election Expenses Return.

8. Ultimately, a prayer has been made by the petitioner that (i) election of respondent No. 1 be declared void from 42-Rai Assembly Constituency in the District of Sonepat on the grounds mentioned above; and (ii) disqualifying both the respondents from contesting any election for a period of six years.

16. Following issues were framed with the consent of the parties:

(1) "Whether the election petition is liable to be dismissed for the non-joinder of Surender and Naresh as respondents, in view of the preliminary objection No. 1? OPR.
(2) Whether the election petition is liable to be dismissed for non-impleading of Ranbir son of Chandgi Ram, resident of Badh-Khals Tehsil and.District Sonepat, in view of the preliminary objection No. 2 ? OPR.
(3) Whether the paragraphs 6, 7, 8, 9, 10 and 11 are liable to be struck off under Order 6 Rule 16 of the C.P.C. being vague and deficient in material facts? OPR.