BRIJ MOHAN Vs. MANGE RAM

JUDGEMENT

(1.) This appeal by the first respondent in Election Petition No. 8 of 1982 on the file of the Punjab and Haryana High Court is filed against the judgment of the learned single Judge, allowing the election petition and setting aside the appellant's election to the Haryana Legislative Assembly from the Jind constituency in the election held on 19-5-1982. Out of 26 nomination papers filed, 24 were found to be valid and ultimately 14 candidates remained in the field. The real contest was between the appellant Brij Mohan, who was an independent candidate supported by the Lok Dal and the first respondent Manga Ram who contested as the Congress (1) candidate. In the counting which took place on 20-5-1982 it was found that the appellant had secured 27045 valid votes while the first respondent had secured 26899 valid votes and the appellant was accordingly declared elected.

(2.) The first respondent filed the election petition challenging the appellant's election on the following grounds, namely:(1) corrupt practice of bribery as defined in S. 123(1) of the Representation of People Act, 1951; (2) corrupt practice of publication of various statements relating to the personal character of the first respondent which were false; (3) result of the election in so far as it related to the appellant having been materially affected by en masse violation of the statutory provisions and (4) large scale reception of void votes in favour of the appellant but for which the first respondent would have been declared elected. The first respondent prayed in the election petition for (1) the appellant's election being set aside as void on the above grounds; (2) the appellant being declared to have committed corrupt practice and (3) the first respondent being declared to have been duly elected.

(3.) The learned single Judge who tried the election petition allowed it with costs on only one ground and set aside the appellant's election as void on that ground, namely, that he committed the corrupt practice of bribery by contributing a sum of Rs. 5,100/- towards the cost of construction of a temple for the backward classes in Kandela village in order to get the votes of the members of those classes cast in his favour in that election. It is, therefore, necessary to state the case of the parties briefly in regard to only this item of corrupt practice.