S IQBAL SINGH Vs. S GURDAS SINGH

JUDGEMENT

(1.) This appeal relates to the election to the Parliament from the Fazilka constituency in Punjab held on 5 th March, 1971. The Parliamentary constituency consisted of eight assembly constituencies of Malout, Muktsar, Gidderbha. Fazilka, Jalalbad, Abohar, Lambi and Faridkot. The votes were counted on 10 th and 11th of March at five different places. The counting of the votes of the Malout Assembly constituency was held on 10 th March by Mr. Aggrawal, Assistant Returning Officer, of Muktsar and Gidderbha on 10 th and 11 th by Mr. Sayal, of Fazilka and Jalalbad on the 10 th and 11 th by Mr. Mahajan of Lambi and Abohar on the 10 th and 11th by Mr. Ram Lal and of Faridkot on the 11 th by Mr. Garg. 6409 votes were declared invalid and the 1 st respondent was declared elected having secured 1,52,677 votes. The appellant obtained 1,47,354 votes. There were six other candidates about whom it is not necessary to refer.

(2.) A number of allegations were made in the election petition about many irregularities that took place on the date of the polling. It is not necessary to refer to them as the issues concerned with them were not pressed even before the High Court Only two issues, issues 1 and 4 were considered by the High Court and those are the issues urged before us also they are:

(3.) With regard to issue 1 the allegation was that corrupt practice of bribery was committed in the interest of the 1 st respondent by his brother Shri Parkash Singh Badal, who was at that time the Chief Minister of Punjab. One of the items of bribery alleged was that large sums of money were distributed to Harijans in the form of contributions towards construction of Dharamshalas for the purpose of inducing them to vote in favour of the 1 st respondent. The second allegation was that Shri Parkash Singh Badal directed Mr. Sayal, one of the Assistant Returning Officers to issue 3,304 gun licences for furthering the prospects of the 1 st respondent's election and that this was a gratification for inducing the electors to vote for the 1 st respondent. Similarly, Mr. O.P. Garg, another Assistant Returning Officer was alleged to have issued 485 gun licences in the months of February and March 1971. Shri Parkash Singh Badal was alleged to have arranged and addressed a number of meetings in various villages promising to help the voters in many ways if they would vote for his brother. There were certain other allegations of corrupt practices but the only ones canvassed before us were those relating to gun licences and grants in respect of construction of Dharamshalas to Harijans.