HEM RAJ Vs. RAMJI LAL

JUDGEMENT

(1.) The appellant, an unsuccessful candidate in the election to the Legislative Assembly of Haryana from Hathin Constituency held on 11th March, 1972, has filed this appeal against the dismissal of his election petition, challenging the election of the 1st respondent, by the Punjab and Haryana High Court.

(2.) There were four allegations of corrupt practice against the returned candidate, that he was guilty of (l) the corrupt practice of bribery, (2) the corrupt practice of publication of a false statement relating to the personal character of the appellant falling under Section 123 (4), (3) the corrupt practice of hiring and procuring vehicles falling under Section 123 (5) and (4) the corrupt practice of incurring and authorising expenditure in contravention of Section 77 of the Representation of the People Act. Charges (3) and (4) were given up even before the High Court and charge (1) was given up before this Court. The only charge that survives for consideration by this Court is the charge of publication of a pamphlet containing false allegations against the appellant which fall under Section 123 (4) of the Act. We may, however, have to refer to the evidence in respect of charge (1) while considering the allegations under charge (2).

(3.) As we agree with the High Court in its conclusions we are referring only to the broad features of the evidence. The allegations regarding the charge under Section 123 (4) are found in paragraphs 6 (b) and 8 of the election petition. In paragraph 8 it was stated that the returned candidate finding that he was bound to lose, became desperate and he in league with his election agent and Shri Hukam Chand of Palwal and Dharam Chand of V. Hathin decided to indulge in character assassination of the petitioner. This was said to have been in the form of a pamphlet which reads as follows: