AVTAR SINGH BRAR Vs. TEJ SINGH

JUDGEMENT

(1.) This election appeal arises out of an election to the Baghapurana Constituency (District Faridkot) to the Punjab Legislative Assembly. The polling took place on May 31, 1980 and the counting was done on June 1, 1980. Tej Singh, respondent, secured 25694 votes whereas Avtar Singh (appellant) secured 25571 votes. There were three other candidates also in the field, viz. (1) Sathi Ruplal. (2) Bhagat Puran Singh, and (3) Jagdish Chander. Ruplal secured 1347 votes while Bhagat Puran Singh and Jagdish Chander secured 140 and 2856 votes respectively. It appears that the margin between the votes secured by Tej Singh (respondent) and Avtar Singh (appellant) was only 123.

(2.) Avtar Singh filed an election petition in the Punjab and Haryana High Court against Tej Singh alleging that he was guilty of committing corrupt practices, detailed in the petition and in the statement of facts. Ruplal supported the appellant but Bhagat Puran Singh and Jagdish did not put in any appearance despite service and, therefore, the proceedings were taken ex parte against them. Tej Singh denied having indulged in any corrupt practice as alleged by Avtar Singh.

(3.) It is not necessary for us to go into further details because in our opinion the appeal must succeed on a short point. The main corrupt practice said to have been indulged in by Tej Singh was that he had got circulated pamplets and posters among the voters of the constituency wherein he had mentioned that Ruplal had withdrawn his candidature and any vote given to him (Tej Singh) would be deemed to be a vote for Ruptal, and the said posters were printed not by Ruplal but at the instance of Tej Singh.