SURINDER SINGH Vs. HARDIAL SINGH

JUDGEMENT

(1.) This appeal under S. 116-A of the Representation of' the People Act, 1951 ('Act' for short), is directed against the judgment of the Punjab and Haryana High Court setting aside the election of the appellant to the Punjab Legislative Assembly from Constituency No. 25 known as Naushehra Pannuan Assembly Constituency. Election was held on May 31, 1980, and the result was declared the following day. Appellant was declared elected with 26980 votes while respondent 3 Ranjit Singh lost with 26739 votes.

(2.) The election petition was filed by two voters of the constituency (respondents 1 and 2). Respondent 1(P. W. 5) was admittedly the counting agent of respondent 3. The election of the appellant was challenged on two allegations of corrupt practice in the main, namely, disturbing a meeting of the Akali Party at a place called Hadur-Shah in Village Gandiwind on May 20, 1980, where the appellant's supporters allegedly used firearms and fatally injured one and otherwise inflicted injuries on many others. The relevant allegations in support of this plea are to be found in paragraph 5 of the election petition. The other was an allegation of corrupt practice of bribery with reference to Bagicha Singh Chakiwala. Appellant with his supporters in the course of canvassing is said to have contacted Bagicha Singh on May 28, 1980, at his village Chola-Sahib and asked for votes of his and members of his family. Bagicha Singh was alleged to have told the appellant that uncovered electric wires were dangerously passing over his house and despite his best of efforts he has not been able to get them removed and the sum being demanded for their removal was beyond his means. Bagicha Singh is alleged to have told the appellant that if he got the same removed he would get the votes of himself, members of the family as also of his brotherhood. Appellant promised to get the needful done and approached the Punjab State Electricity Board employees and on putting pressure, got the same done on May 30, 1980, one day before the poll. The relevant particulars of this allegation are contained in paragraphs 8 and 9 of the election petition.

(3.) Several other allegations were made in paragraphs 6, 7 and 10 of the election petition relating to threats to electors of Gandiwind on May 20, 1980, after the meeting was disturbed, improper reception of votes, reception of void votes, terrorisation of the voters at the booth on the day of polling, etc. but the same do not seem to be relevant as the High Court has not relied on the same nor in the course of hearing of this appeal have those allegations been pressed into service. It is relevant to indicate here that neither the defeated candidate nor the election petitioners had any personal knowledge of the two incidents referred to above. Verification of the election petition indicated that the allegation in paragraph 5 was true to the information received from Gurmukh Singh, P. W. 10 and Milkha Singh, P. W. 11 while information relating to the Bagicha Singh episode was obtained from Darshan Singh, P. W. 12.