PRABODH CHANDRA Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is an appeal under S. 116A of the Representation of the People Act, 1951 (to be hereinafter referred to as the Act) . It arises from the decision of the High Court of Punjab and Haryana in Election Petition No 6 of 1969 on its file In that petition the appellant unsuccessfully challenged the validity of the election of the respondent to the Punjab Legislative Assembly in the mid-term election held in 1969.

(2.) The appellant and the respondent contested the Gurdaspur Assembly seat in the mid-term election held in 1969. The appellant was the congress nominee and the respondent was the candidate of the Akali party. It is said that he had the support of the Jan Sangh. On other candidate who filed his nomination for that constituency had withdrawn from the contest. It is not necessary to refer to him. Polling took place on February 9, 1969 and the result of the election was declared on February 10, 1969. The appellant secured 20044 votes and the respondent 25501. Hence the respondent was declared elected.

(3.) The validity of the election of the respondent was challenged by the appellant on various grounds. The trial judge, as mentioned earlier, rejected the petition. In this Court the appellant pressed for our consideration only one of the several grounds urged by him in his petition, and that ground is that the respondent was guilty of a corrupt practice under S. 123 (3) of the Act inasmuch as he exhibited the "Holy Cross", the sacred symbol of the Christians in front of his office for a period of about 15 days prior to the election. The respondent denied this allegation.