Chandigarh: The Punjab and Haryana high court has issued a notice to Congress Rajya Sabha member Karamvir Singh Boudh on an election petition filed by Satish Nandal, an independent candidate who contested the Haryana RS seat on March 16.
Nandal seeks to have the vote cast by Ellenabad MLA Bharat Singh Beniwal declared illegal and void, claiming it violated the Conduct of Elections Rules, 1961. He has also asked the court to set aside the March 16 order from the returning officer (RO), which he argues "erroneously" rejected the request to cancel Beniwal's vote.
The court has sought Boudh's response by July 13.
Sanjay Bhatia of the BJP and Boudh were declared winners in the RS election.
The challenge by the petitioner is based on two grounds. First, the alleged manipulation of records and non-submission of mandatory documents; and second, the improper acceptance of Boudh's nomination papers in violation of election rules.
The petition alleges Bhupinder Singh Hooda, the authorised agent for the Congress candidate, impermissibly handled and touched Beniwal's ballot paper during the voting process.
According to the petition, the RO previously observed that while the ballot was touched, it was not handed over to the agent. Although the Election Commission initially found no legal violation based on the RO's report, the petitioner claims that video evidence will prove the principle of ballot secrecy was breached. Nandal argues the acceptance of this single vote materially affected the final outcome, and Boudh's election should therefore be set aside.
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