IQBAL SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) The short question that arises for consideration in this appeal filed by the appellant, an engineer by education, an agriculturist by profession who tried his hand in politics, by contesting the Assembly Election of 1992 for 104-Faridkot Assembly Constituency as an independent candidate, is whether the High court committed any error of law in dismissing his election petition filed under Section 80 of the Representation of the People Act, 1951 (hereinafter referred to as "the Act") on preliminary objection, raised by the returned candidate that the petition did not contain a concise statement of material facts setting forth full particulars of the corrupt practice as required by Section 83 of the Act.

(2.) The High court dismissed the petition, also, because the copy supplied, to the returned candidate, was not a true copy within meaning of Ss. (3 of Section 81 of the Act as it did not carry the necessary endorsement in the affidavit accompanying the election petition. Further the High court found that even if the allegations made in the election petition were correct they were not sufficient to make out any case of corrupt practice or any ground under Section 100 of the Act. It is, therefore, proposed to examine the correctness of the finding on corrupt practice only as if that finding is held to be well founded then it shall not be necessary to examine the other findings.

(3.) Election for the Faridkot Constituency was held in 1992. One of the candidates who had filed his nomination was one Shri Harmail Singh Dhillon who was a member of the Congress Party and expected to be declared as official candidate. But when the returned candidate was declared as official candidate of the Party he withdrew from the contest on the last day. He was later appointed as General secretary of the Pradesh Congress Committee by Shri Beant Singh who was President of the Pradesh Congress Committee. The two incidents, that is, the withdrawal of Shri Dhillon, and his appointment, shortly thereafter, as General secretary are the two facts on which the entire election petition and the allegation of corrupt practice which is the sole ground for challenging the election is structured. According to appellant since Shri Dhillon was a very popular person and held number of offices and if he would have contested the election the returned candidate who too was a Congress nominee had no chance of being elected, therefore, Shri Beant Singh who was friendly with the returned candidate exercised his influence on Shri Dhillon and persuaded him to withdraw and as a quid pro quo of the same he appointed him as General secretary of the Pradesh Congress Committee. Relevant allegations in the petition are extracted below: