SARDAR HARCHARAN SINGH BRAR Vs. SUKH DARSHAN SINGH

JUDGEMENT

(1.) Elections to the Punjab Legislative Assembly were held in the month of January-February, 2002. We are concerned with 105 Muktsar Assembly Constituency. There were 12 candidates in the fray. The constituency went to polls and after counting the result was declared on 24-2-2002. Sukh Darshan Singh, respondent No.1, who contested as an independent candidate, secured 32,465 valid votes while the appellant Sardar Harcharan Singh Brar, who was fielded by the Congress party, secured 32,265 valid votes. Other candidates secured lesser votes. The respondent No.1 was declared elected.

(2.) The appellant filed an election petition under sections 80, 80A and 81 of the Representation of the People Act, 1951 (hereinafter the Act, for short). The main grounds on which the election of respondent No.1 was sought to be set aside were that the nomination of one of the respondents was improperly accepted which had resulted in the result of the election being materially affected and that the respondent No.1 was guilty of having committed the corrupt practice of obtaining the assistance of a police officer within the meaning of Section 123(7) of the Act. Several instances of commission of such corrupt practice were set out in the election petition.

(3.) On the pleadings being completed, the learned Designated Election Judge of the High Court framed six issues, out of which the following two have heard and decided as preliminary issues by the impugned judgment: