DEV RAJ ANAND Vs. BHAGWANDAS

JUDGEMENT

(1.) This is an appeal from a judgment of the Punjab and Haryana High Court dismissing a petition filed by the appellant challenging the election of respondent No. 1 Bhagwandas to the Haryana Legislative Assembly from the Ambala Cantonment constituency.

(2.) The last date for filing the nomination papers was April 17, 1968 in the mid-term election which was held from the aforesaid constituency. The scrutiny of nomination papers took place on April 18, 1968. The polling took place on May 14, 1968 and the result was declared on the following day. Respondent No 1 who belonged to the Jan Sangh Party got 13,009 votes whereas the appellant, who belonged to the Congress Party, polled 11,606 votes. There were certain other candidates also but it is unnecessary to make any mention about them or about the number of votes obtained by them.

(3.) The election of respondent No 1 was challenged mainly on grounds of corrupt practices of bribery, undue influence, treating of voters, free conveyance of voters to and from the polling station, publication of posters making a religious appeal to the electorate by respondent No. 1 and the filing of a false return of election expenses by him These allegations were denied by respondent No. 1. A number of issues were framed and a good deal of evidence was led by both sides.